340-141-0260 Oil Spill Contingency Plan for High Hazard Rail Applicability (1) A railroad that owns a high hazard train route in this state must have an oil spill contingency plan that has been approved by DEQ. (2)(a) The owner of a high hazard rail route must submit a contingency plan for a high hazard train route to DEQ within 90 days after the date of operation of trains that cause a section of rail lines to meet the definition of a high hazard train route on that section of rail lines, or within a longer time period that DEQ and the railroad mutually agree on if DEQ and railroad agree that the longer time period is necessary. A railroad operating a high hazard train route prior to January 1, 2021 must submit a contingency plan by January 1, 2021. (b) In addition to meeting the requirement of paragraph (a) of this subsection, and immediately after the date the railroad begins operating trains that cause a section of rail lines to meet the definition of a high hazard train route on that section of rail lines, a railroad must provide notice to DEQ that the railroad began operating a high hazard train route. Notice provided under this paragraph must include: (A) Identification of the high hazard train route for which the notice is provided; (B) The names, addresses, phone numbers, and electronic mail addresses for the primary contact for the railroad that owns the high hazard train route and for the local primary contacts for the railroad that owns or operates the high hazard train route; and (C) A statement of whether personnel are available to arrive on behalf of the railroad that owns the high hazard train route to respond to an oil spill or release, or threatened oil spill or release, and if personnel are available, the contact information for the personnel. (3) The railroad that owns the high hazard train route must submit a contingency plan for the high hazard train route. (4) A contingency plan for a high hazard train route must be renewed at least once every five years. An expiring approved contingency plan remains in effect until DEQ approves the revised contingency plan. (5) DEQ will respond to the submission of a contingency plan or a contingency plan revision for a high hazard train route within 90 days of the date that the contingency plan or the contingency plan revision is submitted, or within a longer time period that DEQ and the submitting railroad mutually agree on if DEQ and railroad agree that the longer time period is necessary for DEQ to provide a response. Failure by DEQ to respond to a contingency plan or a contingency plan revision within the requisite time period constitutes approval of the contingency plan or the contingency plan revision. (6) A failure by a railroad that owns a high hazard train route to comply with this rule does not preclude the railroad from operating the high hazard train route. (7) A contingency plan for a high hazard train route prepared for an agency of the federal government or an adjacent state that satisfies the requirements of this rule shall be accepted by DEQ as a contingency plan required under section 340-141-0260 of this Rule. Statutory/Other Authority: ORS 468.020 & ORS 468B.437 Statutes/Other Implemented: ORS 468B.427, ORS 468B.429, ORS 468B.431 & ORS 468B.300 - 468B.500 History: DEQ 8-2021, adopt filed 05/20/2021, effective 05/20/2021