justicedao/ipfs_state_laws huggingface dataset:
340-141-0130 Plan Format Requirements (1) Plans must be prepared using a combination of narrative and graphic formats that provide both detailed spill response information and quick access to general information needed during an emergency response. (2) Plans must be divided into a system of chapters and appendices. Chapters and appendices must be numbered. Chapters should be reserved primarily for information on emergency response and cleanup operations, such as notification procedures or description of the spill response organization structure. The plan must include at least the information listed in OAR 340-141-0140 for vessels and facilities, or the information listed in OAR 340-141-0265 for Railroads. Appendices should be used primarily for supplemental background information and documentation such as response strategies or descriptions of drills and exercises. The spill prevention strategies may be part of the appendices. (3) A system of index tabs must be used to provide easy reference to particular chapters and appendices. (4) Plans must be formatted to allow replacement of revised pages and components without requiring replacement of the entire plan. (5) Plans must include a simplified field document that summarizes key notification and action elements of the plan and is suitable for onsite use in the event of a spill. (6) Plans may be submitted and updated electronically if all required plan components are in a form DEQ can easily access. DEQ will determine which types of electronic media are acceptable for the plan submittal. (7) Composite plans that rely on standard documents DEQ already has on file may incorporate those documents by reference. Statutory/Other Authority: ORS 468.020 & 468B.395 Statutes/Other Implemented: ORS 468B.345 - 468B.390 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0170 Prevention Strategies for Vessels (1) Each covered vessel must have spill prevention strategies that when implemented will provide the best achievable protection from damages caused by the discharge of oil into the waters of the state. (2) Prevention documents prepared to meet federal requirements under the Oil Pollution Act of 1990 or plans prepared to meet the requirements of other states may be used to satisfy the criteria of this section. (3) Vessel owners or operators will make maintenance and inspection records, and oil transfer procedures available to DEQ upon request. Statutory/Other Authority: ORS 468.020 & 468B.395 Statutes/Other Implemented: ORS 468B.345 - 468B.390 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0180 Plan Submittal (1) Before operating in Oregon, facilities must submit plans for review as follows: (a) Except as provided in (c), plans for facilities must be submitted to DEQ at least 90 days before oil is moved into or out of the facility. (b) Plans for covered vessels of 300 gross tons or more which transit the Columbia River and Willamette River must be submitted to DEQ at least 90 days before that vessel enters navigable waters of the state. (c) Plans for existing pipelines in the Inland Zone must be submitted by June 30, 2003. After June 30, 2003 plans for new pipelines must be submitted 90 days before pipeline operations commence. (2) One complete copy of the plan (including appendices) must be submitted to DEQ in printed or electronic form. Plans must be submitted to: Department of Environmental Quality, Emergency Response Program, 700 NE Multnomah St., Suite 600, Portland, Oregon 97232. Electronic copies may be sent to DEQ. A printed copy of the complete plan showing all revisions may be required during the public review period. The plan holder may be required to supply up to four printed copies of the final plan. (3) Onshore and offshore facility plans may be submitted by: (a) The facility owner or operator; or (b) An oil spill response cooperative or maritime association in which the facility owner or operator is a participating member. (4) Tank vessel plans may be submitted by: (a) The tank vessel owner or operator; (b) The owner or operator of a facility at which the tank vessel unloads cargo, in conformance with requirements under OAR 340-141-0150(1); or (c) An oil spill response cooperative or maritime association in which the tank vessel owner or operator is a participating member. (5) Cargo and passenger vessel plans may be submitted by: (a) The vessel owner or operator; (b) The agent for the vessel resident in this state; (c) An oil spill response cooperative or maritime association in which the tank vessel owner or operator is a participating member; or (d) A primary response contractor. (6) Subject to the conditions imposed by DEQ, the owner, operator, agent or a maritime association may submit a single contingency plan for cargo vessels or passenger vessels of a particular class. (7) A single plan may be submitted for more than one facility or covered vessel owned by the same person, provided that the plan contents meet the requirements of OAR 340-141-0100 to 340-141-0230 for each facility, pipeline or covered vessel listed. (8) The plan submitter may request that proprietary information be kept confidential under ORS 192.501(2). If a plan submitter wishes to claim that any provision in a plan is a trade secret, the submitter must specifically notify DEQ of its claim and identify those provisions in the plan that are claimed to be trade secrets. Statutory/Other Authority: ORS 468.020 & 468B.395 Statutes/Other Implemented: ORS 468B.355 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0200 Drills, Exercises, and Inspections (1) DEQ may require plan holders of approved plans to participate in one announced drill or one unannounced limited drill annually. (2) As a condition of plan approval, DEQ may require that the plan holder successfully conduct drills of the elements of a plan submitted for approval. (3) Requirements under sections (1) and (2) of this rule may be met: (a) By drills led by other state, local or federal authorities, if DEQ finds that the criteria for drill execution and review equal or exceed those of DEQ; (b) By drills initiated by the plan holder, if DEQ participates, reviews and evaluates the drill, and if DEQ finds that the drill adequately tests the plan; or (c) By responses to actual spill events, if DEQ participates, reviews and evaluates the spill response, and if DEQ finds that the spill event adequately tests the plan. (4) DEQ may excuse a primary response contractor from full deployment participation in more than one drill if, in the past 12 months, the primary response contractor has performed to DEQ’s satisfaction in a full deployment drill in an exercise listed in section (3) of this rule or has satisfactorily responded to a significant spill event in Oregon. (5) DEQ may require the facility or covered vessel owner or operator to participate in additional drills beyond those required in section (1) of this rule if DEQ is not satisfied with the adequacy of the plan or plan implementation during exercises or spill response events. (6) DEQ will review the degree to which the specifications of the plan are implemented during the drill. DEQ will endeavor to notify the facility or covered vessel owner or operator of the review results within 30 calendar days following the drill. If DEQ finds deficiencies in the plan, DEQ will report those deficiencies to the plan holder and require the plan holder to make specific amendments to the plan under requirements of OAR 340-141-0220. (7) DEQ may publish an annual report on plan drills, including a summary of response times, actual equipment and personnel use, recommendations for plan requirement changes and industry response to those recommendations. (8) DEQ may require the plan holder to publish an annual report on plan drills including a summary of response times, active equipment and personnel use and recommendations for improvement. (9) DEQ may verify compliance with this Division by unannounced inspections in accordance with ORS 468B.370. Statutory/Other Authority: ORS 468.020 & 468B.390 Statutes/Other Implemented: ORS 468B.370 - 468B.380 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0210 Plan Maintenance and Use (1) At least one copy of the plan must be kept in a central location accessible at any time by the incident commander or spill response manager named in accordance with OAR 340-141-0140(7). Each facility covered by the plan must possess a copy of the plan and keep it in a conspicuous and accessible location. (2) A field document prepared under OAR 340-141-0130(5) must be available to all appropriate personnel. Each covered vessel covered by the plan must possess a copy of the field document and keep it in a conspicuous and accessible location. (3) A facility, covered vessel, owner or operator or their designee must implement the plan in the event of a spill. The owner or operator of the facility or covered vessel must receive approval from DEQ before it conducts any major aspect of the spill response contrary to the plan unless: (a) Such actions are necessary to protect human health and safety; (b) Such actions must be performed immediately in response to unforeseen conditions to avoid additional environmental damage; or (c) The plan holder has been directed to perform such actions by DEQ, EPA, Pipeline Hazardous Materials Safety Administration (PHMSA) or the United States Coast Guard. Statutory/Other Authority: ORS 468.020 & 468B.345 - 468B.390 Statutes/Other Implemented: ORS 468B.345 - 468B.390 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0220 Plan Update Timeline (1) DEQ must be notified in writing as soon as possible and within 24 hours of any significant change that could affect implementation of the plan, including a significant decrease in available spill response equipment or personnel. Decreases are significant if they prevent the owner or operator from carrying out the requirements of the plan in the time specified in the Oil Spill Contingency Response Planning Standards for the Zones or sub-Zones of operation. The plan holder must also provide a schedule for the prompt return of the plan to full operational status. A receipt confirmed e-mail or facsimile will be considered written notice for purposes of this section. Changes that are not considered significant include minor variations in equipment or personnel characteristics, call out lists or operating procedures. Failure to notify DEQ of significant changes constitutes noncompliance with this rule as well as an inability to comply with an approved plan under OAR 340-141-0210(3). (2) If DEQ finds that, as a result of a change, the plan no longer meets approval criteria under OAR 340-141-0190, DEQ may, in its discretion, place conditions on approval, require additional drills or inspections or revoke approval in accordance with OAR 340-141-0190(8). Plan holders are encouraged to maintain backup response resources in order to ensure that their plans can always be fully implemented. (3) Within 30 calendar days of an approved change in the plan, the owner or operator of the facility or covered vessel must distribute the amended pages of the plan to DEQ and other plan holders. (4) Plans must be reviewed by DEQ every five years under ORS 468B.345(3). Plans must be submitted for reapproval unless the plan holder submits a letter requesting that DEQ review the plan already in DEQ’s possession. The plan holder must submit the plan or such a letter at least 90 calendar days before expiration of the plan. (5) DEQ may review a plan following any spill for which the plan holder is responsible. (6) DEQ may require plan holders of approved plans to renew the signed letter of intent required by OAR 340-141-0100 annually to confirm that there has been no change to the plan or the plan holder’s commitment to its use. Statutory/Other Authority: ORS 468.020 & 468B.345 - 468B.390 Statutes/Other Implemented: ORS 468B.345 - 468B.365 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0230 Noncompliance with Plan Requirements (1) No person may cause or permit the operation of an onshore or offshore facility in the state, or a covered vessel within the navigable waters of the state without a properly implemented oil spill prevention and emergency response plan approved by DEQ. (2) No person may cause or permit the operation of a facility or covered vessel without proof of financial responsibility in compliance with ORS 468B.390, which requires the equivalent of the federal requirement. (3) Any violation of this division will be subject to the enforcement and penalty provisions of ORS 468.140, and OAR 340 division 012. Statutory/Other Authority: ORS 468.020 & 468B.345 - 468B.390 Statutes/Other Implemented: ORS 468B.345 - 468B.390 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0240 Equipment Mutual Aid (1) DEQ may preapprove the transfer of equipment, materials or personnel by a plan holder to another plan holder, or person, when necessary to assist in response to an oil discharge. (2) DEQ’s preapproval may include: (a) Waiver of response times specified in a plan; or (b) Conditions specified by DEQ regarding, but not limited to, notification to DEQ, return or replacement of equipment, materials or personnel and measures necessary to prevent or reduce the potential for discharges during the period of reduced response capability. (3) Preapproval under this rule does not require plan modification or update. Statutory/Other Authority: ORS 468.020 & 468B.345 - 468B.390 Statutes/Other Implemented: ORS 468B.365 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0250 Definitions for High Hazard Train Routes The definitions in this rule apply to the high hazard train route contingency planning requirements: (1) “Average Most Probable” spill, release or discharge for high hazard train routes means the probable volume of oil that may spill as defined in a plan considering the history of spills. It may also be defined as the lesser of one percent of the worst case spill, release or discharge, or 50 barrels, when used as a planning volume. (2) “Owner” means the owner or operator who has ultimate control over the high hazard rail line for contingency planning requirements. (3) “Worst case spill” means the greater of: (a) 300,000 gallons of oil from a single train; or (b) 15 percent of the total lading of oil transported within the largest single train reasonably expected to transport oil over the high hazard rail route. Statutory/Other Authority: ORS 468B.300 & ORS 368B.340 Statutes/Other Implemented: ORS 468B.300 – 468B.500 History: DEQ 8-2021, adopt filed 05/20/2021, effective 05/20/2021
340-141-0270 Drill and Exercise Requirements for High Hazard Rail (1) All applicable contingency plans must have a section that describes a plan for drills and exercises as described in this rule. (2) The exercises listed in the plan must at a minimum include the following: (a) An annual oil spill or release notification exercise; (b) A triennial oil spill or release response tabletop exercise; (c) A triennial oil spill or release response functional exercise; and (d) A triennial full-scale, multiagency, multijurisdictional and multidisciplinary oil spill containment and recovery equipment deployment exercise. (e) The triennial drill may include the executive summary from a National Preparedness for Response Exercise Program (NPREP) report, which may be submitted to meet this requirement when the exercise has been designed by the NPREP staff utilizing federal NPREP requirements. (3) Drills and exercises listed in this plan may include NPREP objectives to meet federal NPREP requirements. (4) A record of all drills and exercises designed to meet all Oregon requirements must be available for inspection and accessible for DEQ to review. (5) DEQ will review the degree to which the specifications of the plan are implemented during the drill. Self-certification under NPREP is allowed as long as DEQ is notified about the drill and documentation of the drill can be provided. DEQ will endeavor to notify the rail owner of the review results within 30 calendar days following the drill. If DEQ finds deficiencies in the plan, DEQ will report those deficiencies to the plan holder and require the plan holder to make specific amendments to the plan. (6) DEQ may require the plan holder to publish an annual report on plan drills including a summary of response times, active equipment and personnel use and recommendations for improvement. (7) In the event of an actual spill, if DEQ reviews and evaluates the spill response and finds that the spill events adequately test the plan, this may count as a required exercise. Statutory/Other Authority: ORS 468.020 & ORS 468B.437 Statutes/Other Implemented: ORS 468B.429, ORS 468B.300 - 468B.500 & ORS 453.392 History: DEQ 8-2021, adopt filed 05/20/2021, effective 05/20/2021
340-141-0282 Plan Maintenance and Use (1) At least one copy of the plan must be kept in a central location accessible at any time by the incident commander or spill response manager named in accordance with OAR 340-141-0265(7). (2) A High Hazard Rail owner or their designee must implement the plan in the event of a spill. The owner of the High Hazard Rail Line must receive approval from DEQ before it conducts any major aspect of the spill response contrary to the plan unless: (a) Such actions are necessary to protect human health and safety; (b) Such actions must be performed immediately in response to unforeseen conditions to avoid additional environmental damage; or (c) The plan holder has been directed to perform such actions by the Department or the United States Coast Guard. Statutory/Other Authority: ORS 468B.437 Statutes/Other Implemented: ORS 468B.300 - 468B.500 History: DEQ 8-2021, adopt filed 05/20/2021, effective 05/20/2021
340-141-0285 Plan Update Timeline (1) DEQ must be notified in writing as soon as possible and within 24 hours of any significant change that could affect implementation of the plan, including a significant decrease in available spill response equipment or personnel. Decreases are significant if they prevent the owner from carrying out the requirements of the plan. The plan holder must also provide a schedule for the prompt return of the plan to full operational status. A receipt confirmed e-mail or facsimile will be considered written notice for purposes of this section. Changes that are not considered significant include minor variations in equipment or personnel characteristics, call out lists or operating procedures. Failure to notify DEQ of significant changes constitute noncompliance with this rule as well as an inability to comply with the approved plan under OAR 340-141-0282(3). (2) If DEQ finds that as a result of a change, the plan no longer meets approval criteria under OAR 340-141-0280, DEQ may, in its discretion, place conditions on approval, require additional drills or inspections or revoke approval in accordance with OAR 340-141-0280(1). Plan holders are encouraged to maintain backup response resources in order to ensure that their plans can always be fully implemented. (3) Within 30 calendar days of an approved change in the plan, the owner of the high hazard rail line must distribute the amended pages of the plan to DEQ and other plan holders. (4) Plans must be reviewed by DEQ every five years under ORS 468B.427(4). Plans must be submitted for reapproval unless the plan holder submits a letter requesting that DEQ review the plan already in DEQ’s possession. The plan holder must resubmit the plan or such a letter at least 90 calendar days before expiration of the plan. (5) DEQ may review a plan following any spill for which the plan holder is responsible. (6) DEQ may require plan holders of approved plans to renew the signed letter of intent required by OAR 340-141-0265 annually to confirm that there has been no change to the plan or the plan holder’s commitment to its use. Statutory/Other Authority: ORS 468B.437 Statutes/Other Implemented: ORS 468B.395 & ORS 468B.300 - 468B.500 History: DEQ 8-2021, adopt filed 05/20/2021, effective 05/20/2021
340-141-0290 Loaded Tank Railroad Car Fee (1) The terms used in this rule have the meanings provided by Or Laws 2019 c. 518 sec. 13(b). (2) The owner of oil at the time the oil is transported by loaded tank railroad car in this state shall pay to the Department of Revenue a fee of $19 for each tank railroad car loaded with oil. (a) If the loaded tank railroad car enters this state from outside of this state, the fee shall be imposed on the owner of the oil at the time the loaded tank railroad car enters this state. (b) If the tank railroad car is loaded with oil in this state, the fee shall be imposed upon the loading of the oil into or onto the tank railroad car for transport in or through this state. (3) Each owner of oil transported by loaded tank railroad car shall remit payment of the fee established under this section on a quarterly basis. The assessment of this fee shall commence on April 1, 2024. Payment shall accompany a return submitted to the Department of Revenue within 30 days following the end of the preceding calendar quarter. Statutory/Other Authority: ORS 468B.437, 468.020 & 468.065 Statutes/Other Implemented: ORS 468B.435 History: DEQ 3-2024, adopt filed 03/05/2024, effective 03/05/2024
340-142-0001 Purpose and Scope (1) The purpose of these rules is to identify the emergency response actions, reporting obligations, and follow up actions required in response to a spill or release, or threatened spill or release of oil or hazardous materials. (2) The rules of this division apply to any person owning or having control over any oil or hazardous material spilled or released or threatening to spill or release, except: (a) Spills or releases or threatened spills or releases from underground heating oil tanks must be reported and remediated in accordance with OAR 340 division 177. (b) Spills or releases or threatened spills or releases from petroleum underground storage tank (UST) systems must be reported and remediated in accordance with OAR 340-122-0205 through 0360. (3) Spills or releases or threatened spills or releases of hazardous waste occurring on the site of a generator must be managed in accordance with both the contingency plan and emergency procedures required by Subpart C and D of 40 CFR 265 and this division. (4) Spills or releases or threatened spills or releases of hazardous waste on the site of a hazardous waste treatment, storage or disposal facility must be managed in accordance with the contingency plan and emergency procedures required by Subparts C and D of 40 CFR Part 265, or a permit issued pursuant to OAR 340, divisions 105 and 106, and this division. (5) Spills or releases of Hazardous Substances regulated by the Hazardous Substance Remedial Action rules, OAR 340-122-0010 to 340-122-0110, must be managed in accordance with this division during the emergency response phase. (6) Spills or releases or threatened spills or releases of pesticide or pesticide residue must be managed in accordance with this division during the emergency response phase. (7) Spills or releases of chemicals from a dry cleaning facility must be reported and managed as required by ORS 465.505 and this division. Statutory/Other Authority: ORS 183, 459, 466 & 468B Statutes/Other Implemented: ORS 466.625 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 3-2003, f. & cert. ef. 1-31-03