340-141-0280 Department of Environmental Quality Responsibility to Review and Approve Plans (1) DEQ will review a contingency plan for a high hazard train route submitted under rule 340-141-0260. DEQ will approve the contingency plan if the plan: (a) Meets the requirements of rule 340-141-0265; and (b) If implemented, is capable, to the maximum extent practicable in terms of personnel, materials and equipment, of removing oil promptly and properly and minimizing any damage to the environment. (2) A railroad that owns a high hazard train route must notify DEQ in writing promptly of any significant change affecting the contingency plan, including changes in any factor set forth in this rule. DEQ may require the railroad to update a contingency plan as a result of these changes. Examples of significant changes include changes to the following: (a) Emergency Response Procedures (b) The Qualified Individual(s) named (c) A change in the National Contingency Plan or an Area Contingency Plan that has significant impact on the equipment appropriate for response activities (d) A change in the type of oil transported, if the type affects the required response resources (e) Any other information relating to circumstances that may affect full implementation of the plan (3) The contingency plan must require the applicant to use the best technology available at the time the contingency plan was submitted or renewed. For purposes of this section, the best technology is the technology that provides the greatest degree of protection, taking into consideration processes that are currently in use anywhere in the world. In determining what is the best technology available, DEQ will consider the technology’s effectiveness, engineering feasibility, technological achievability, and cost. (4)(a) Before DEQ approves a contingency plan required under rule 340-141-0260, DEQ will provide a copy of the contingency plan to the State Department of Fish and Wildlife, the office of the State Fire Marshal, and the Department of Land Conservation and Development for review. (b) In addition to providing copies to the agencies listed in subsection (a) of this section, before approving or modifying a contingency plan for a high hazard train route, DEQ will provide a copy of the contingency plan to each federally recognized Indian tribe that owns land or enjoys treaty-reserved hunting, fishing or gathering rights that could be impacted by an oil discharge along any portion of the high hazard train route. (c) The agencies and tribes that receive copies of a contingency plan under this section must review the contingency plan according to procedures and time limits established by rule of the Environmental Quality Commission. (5) Upon approval of a contingency plan, DEQ will issue to the plan holder a certificate stating that the contingency plan has been approved. The certificate will include the name of the high hazard train route for which the certificate is issued, the effective date of the contingency plan and the date by which the contingency plan must be submitted for renewal. (6) DEQ’s approval of a contingency plan does not constitute an express assurance regarding the adequacy of the contingency plan or constitute a defense to liability imposed under ORS chapters 468, 468A and 468B or any other state law. Statutory/Other Authority: ORS 468B.395 & ORS 468B.437 Statutes/Other Implemented: ORS 468B.300 - 468B.500 History: DEQ 8-2021, adopt filed 05/20/2021, effective 05/20/2021