reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0190 - Plan Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt
			 of a plan, DEQ will promptly evaluate the plan for completeness. If DEQ
			 determines that a plan is incomplete, the submitter will be notified of
			 deficiencies. The review period will not begin until DEQ receives a complete
			 plan. DEQ will allow 30 days for the submitter to supply the missing components
			 of the plan. After 30 days the plan will be returned without approval to the
			 submitter.
(2) DEQ will notify
			 interested persons of any contingency plans under review by DEQ, and make such
			 plans available for review to ODFW, DLCD, the State Fire Marshal and any
			 interested person. DEQ will provide a 30-day period for agencies and other
			 interested persons to comment on a plan.
(3) A Plan will be approved if, in addition
			 to meeting criteria in OAR 340-141-0100  through 340-141-0170, it demonstrates
			 that when implemented, it will:
(a) Provide
			 for prompt and proper response to and cleanup of a variety of spills, including
			 average most probable spills and worst-case spills;
(b) Provide for prompt and proper protection
			 of the environment from oil spills;
(c) Provide for immediate notification and
			 mobilization of resources upon discovery of a spill; and
(d) Provide for initial deployment of
			 response equipment and personnel at the site of the spill within one hour of
			 discovery for facilities and two hours of discovery for covered vessels given
			 suitable safety conditions.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0200 - Drills, Exercises, and Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0210 - Plan Maintenance and Use

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0220 - Plan Update Timeline

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0230 - Noncompliance with Plan Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0240 - Equipment Mutual Aid

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0250 - Definitions for High Hazard Train Routes

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0260 - Oil Spill Contingency Plan for High Hazard Rail Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0265 - Contingency Plan Contents

Current through Register Vol. 63, No. 7, July 1, 2024
All applicable contingency plans under 340-141-0260  must
				include at least the following:
(1)
			 Submittal Agreement. Each plan must contain a submittal agreement that:
(a) Includes the name, address and phone
			 number of the submitting party;
(b)
			 Verifies acceptance of the plan, including any incorporated contingency plans,
			 by the owner of the high hazard train route by either signature of the owner or
			 a person with authority to bind the corporation that owns the high hazard train
			 route.;
(c) Commits to execution of
			 the plan, including any incorporated contingency plans, by the owner of the
			 high hazard train route and verifies authority for the plan holder to make
			 appropriate expenditures in order to execute plan provision and includes; the
			 location (latitude and longitude) of the train route, the railroad mileposts,
			 the product being transported and the maximum amount and type that the entire
			 train consist is capable of transporting.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0270 - Drill and Exercise Requirements for High Hazard Rail

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0280 - Department of Environmental Quality Responsibility to Review and Approve Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0282 - Plan Maintenance and Use

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0285 - Plan Update Timeline

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0290 - Loaded Tank Railroad Car Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0005 - Definitions as Used in This Division Unless Otherwise Specified

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Barrel" means
			 42 U.S. gallons at 60 degrees Fahrenheit.
(2) "Cleanup" means the containment,
			 collection, removal, treatment or disposal of oil or hazardous material; site
			 restoration; and any investigations, monitoring, surveys, testing and other
			 information gathering required or conducted by the Department.
(3) "Cleanup Costs" means all costs
			 associated with the cleanup of a spill or release incurred by the state, its
			 political subdivision or any person with written approval from the Department
			 when implementing ORS
			 466.205,
			 466.605 to
			 466.680,
			 468B.990(3) and
			 (4) and
			 466.995 or
			 468B.320.
(4) "Commission" means the Environmental
			 Quality Commission.
(5)
			 "Department" means the Department of Environmental Quality.
(6) "Director" means the Director of the
			 Department of Environmental Quality.
(7) "Dry cleaning facility" means any active
			 or inactive facility located in this state that is or was engaged in dry
			 cleaning apparel and household fabrics for the general public, and dry stores,
			 other than a:
(a) Facility located on a
			 United States military base;
(b)
			 Uniform service or linen supply facility;
(c) Prison or other penal institution;
			 or
(d) Facility engaged in dry
			 cleaning operations only as a dry store and selling less than $50,000 per year
			 of dry cleaning services.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0030 - Emergency Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event
			 of a spill or release or threatened spill or release of oil or hazardous
			 material, the person owning or having control over the oil or hazardous
			 material must take the following actions:
(a)
			 Immediately implement the applicable spill plan or other contingency plan
			 document prepared in compliance with the requirements of a federal, state, or
			 local government authority, or
(b)
			 If a spill plan or contingency plan covered in section (1)(a) of this rule is
			 not implemented for any reason, immediately take the following actions in the
			 order listed:
(A) Activate alarms or
			 otherwise warn persons in the immediate area; and
(B) Undertake every reasonable method to stop
			 the spill and contain the oil or hazardous material; and
(C) If there is a medical emergency or public
			 safety hazard call 911, where available, or local fire and/or police where 911
			 does not exist.
(D) Arrange for
			 properly trained and equipped personnel or contractor to stop any continuing
			 release and manage the specific material spilled:
(i) Responsible persons will immediately hire
			 a qualified contractor to respond and manage the spill if the necessary actions
			 are beyond the ability of the responsible person's representatives on-site or
			 the responsible person's own response services will be delayed in arriving at
			 the spill site.
(ii) If the person
			 owning or having control over oil or hazardous material does not, or can not,
			 immediately arrange a response acceptable to the Department, the Department may
			 dispatch a contractor. The Department will seek recovery of all costs incurred
			 by the Department resulting from this action.
(c) In addition to subsection (1)(a) or
			 (1)(b) above, immediately report the spill or release as required by OAR
			 340-142-0040.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0040 - Required Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Reporting is required if the amount of oil or hazardous material spilled or
			 released, or threatening to spill or release, exceeds the reportable quantity
			 established in ORS 466.605 or listed in OAR
			 340-142-0050,
			 or will exceed a reportable quantity in any 24-hour period. Immediately report
			 the spill or release or threatened spill or release to the Oregon Emergency
			 Management Division's Oregon Emergency Response System (OERS) by calling
			 1-800-452 -0311.
(2) No present
			 release of material is needed to qualify as a threatened spill or release.
			 Threatened spills or releases of oil or hazardous material likely to escape or
			 be carried into the air or into or on any land or waters of the state include,
			 but are not limited to:
(a) The loss of
			 steering or propulsion by a deep draft vessel while it is operating in the
			 Columbia River or Coastal Bay Zones;
(b) The accidental loss of tow or control
			 during an oil barge transit of the Columbia River or the Coastal Bays Planning
			 Zones;
(c) The grounding, allision,
			 or collision of vessels, vehicles, or rail cars where reportable quantities of
			 materials are involved and are at risk of release;
(d) The physical compromise of a containment
			 system or container holding any oil or hazardous material of an amount that
			 could become a reportable quantity when spilled over less than a 24 hour time
			 period.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0050 - Reportable Quantities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Spills
			 and releases, or threatened spills or releases of oil or hazardous materials as
			 defined by OAR
			 340-142-0005(9)
 
			 in quantities equal to or greater than the following amounts must be reported:
(a) Any quantity of radioactive material or
			 radioactive waste;
(b) If spilled
			 or discharged into waters of the state or in a location from which it is likely
			 to escape into waters of the state any quantity of oil that would produce a
			 visible film, sheen, oily slick, oily solids, or coat aquatic life, habitat or
			 property with oil, but excluding normal discharges from properly operating
			 marine engines;
(c) If spilled on
			 the surface of the land, and not likely to escape into waters of the state, any
			 quantity of oil over one barrel (42 gallons);
(d) An amount equal to or greater than the
			 quantity listed in  40 CFR Part 302  - Table 302.4(List of Hazardous Substances
			 and Reportable Quantities) and amendments adopted prior to July 1,
			 2002;.
(e) 10 pounds or more of a
			 hazardous material not otherwise listed as having a different reportable
			 quantity by the Department or the United States Environmental Protection Agency
			 on the list of hazardous substances in  40 CFR 302.4;
(f) Any quantity of chemical agent (such as
			 nerve agents GB or VX, blister agent HD, etc.);
(g) 200 pounds (25 gallons) of pesticide
			 residue;
(h) Any quantity of a
			 material regulated as a Chemical Agent under ORS 465.550;
(i) Any quantity of a material used as a
			 weapon of mass destruction, or biological weapon;
(j) One pound (1 cup) or more of dry cleaning
			 solvent, including perchloroethylene, spilled or released outside the designed
			 containment by a dry cleaning facility regulated under ORS
			 465.505(4).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0060 - Cleanup Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person liable for a spill or release or threatened spill or release of oil or
			 hazardous materials must immediately clean up the spill or release or
			 threatened spill or release as required by applicable Department rules. The
			 cleanup of a threatened spill or release must be accomplished by taking
			 immediate repair, corrective or containment action.
(2) Spills and releases of oil or hazardous
			 materials must be cleaned up as completely as possible. The acceptable level of
			 oil or hazardous material that may remain will be determined by the Department
			 in a manner consistent with OAR chapter 340 division 122-0010 to 122-0590, or a
			 rule of the Department applying to the specific material being cleaned
			 up.
(3) Spills and releases of
			 hazardous wastes must be cleaned up in accordance with OAR chapter 340 division
			 102 immediately after completion of the emergency actions. Cleanup standards
			 applied will be consistent with those applied to non-emergency
			 cleanups.
(4) Intentional dilution
			 of wastes during a spill response to avoid regulations is prohibited.
Stat. Auth: ORS 466
Stats. Implemented: ORS 466.625 & ORS
				  466.645
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0070 - Approval Required for Use of Chemicals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Use of any material on water to coagulate
			 oil spills, treat oil spills, or disperse oil spills, must be specifically
			 approved by the Department in advance of such use.
(2) Physical removal of oil, and any
			 materials added to the environment during the spill response, will ordinarily
			 be required unless the Department determines the use of chemical dispersants is
			 warranted by extreme fire danger or other unusually hazardous
			 circumstances.
(3) Use of
			 surfactants and treatments to remove oil spill contamination from marine
			 structures and vessels is limited to those materials approved by the Department
			 during a response.
(4) Fire
			 suppressant materials must be used in accordance with the manufacturer's
			 instructions.
Stat. Auth.: ORS 468B
Stats. Implemented: ORS
				  468B.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0080 - Disposal of Recovered Spill Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Spilled oils and oil contaminated
			 materials resulting from control, treatment, and clean up must be handled and
			 disposed of in a manner approved by the Department.
(2) Oils and oily wastes resulting from clean
			 up of an oil spill may be disposed of by reclaiming and recycling, disposing at
			 a disposal site operated under and in accordance with a permit issued pursuant
			 to ORS Chapter 459 or treating and discharging in accordance with a permit
			 issued under 468B.050.
(3)
			 Recovered hazardous materials or hazardous waste must be disposed of in
			 compliance with the rules and statutes applicable to the specific material
			 after the emergency phase of a response is complete. Disposal conducted during
			 the emergency must be consistent with Department rules unless health, safety,
			 and environmental concerns require alternate procedures approved by the
			 Department during the emergency.
(4) Any storage of recovered oil or hazardous
			 materials between its recovery and permanent disposal must be of sufficient
			 capacity and design to provide for complete containment of all recovered
			 materials and contaminated media. Interim storage must also be sited so as to
			 cause the lowest practicable environmental impact, and be fully compatible with
			 all applicable safety requirements.
Statutory/Other Authority: ORS 459
Statutes/Other Implemented: ORS
				  468B.315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0090 - Cleanup Report

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may require the responsible person to submit a
				written report to the Department describing all aspects of the spill and
				cleanup, and steps taken to prevent a recurrence.
Stat. Auth: ORS 183, ORS 466 & ORS 468B
Stats. Implemented: ORS 466.610,ORS 466.625, ORS 466.645  & ORS 468B.305 - 315
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0100 - Sampling/Testing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
All samples used to support and define spill cleanup must be of
				a type approved by EPA, or the Department, such as those listed in the EPA
				Office of Solid Waste guidance SW 846. Samples and sampling procedures must be
				appropriate for the site conditions and materials spilled and be consistent
				with Department guidance. If the cleanup of spilled materials will be part of a
				more complex site cleanup, sampling procedures and plans should anticipate
				greater information needs and be developed and coordinated with the
				Department.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth: ORS 466, ORS 468B
Stats. Implemented: ORS
				  466.625
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0120 - Information Requests, Inspections and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To determine the need for response to a
			 spill or release or threatened spill or release under ORS 466.605 to 466.680,
			 466.990(3) and (4), 466.995(3) and 468.070, and this division, or enforce the
			 provisions of 466.605 to 466.680, 466.990(3) and (4), 466.995(3) and 468.070,
			 and this division, any person who prepares, manufactures, processes, packages,
			 stores, transports, handles, uses,applies, treats or disposes of oil or
			 hazardous material must, upon the request of the Department:
(a) Furnish information relating to the oil
			 or hazardous material; and
(b)
			 Permit the Department at all reasonable times to have access to and copy
			 records relating to the type, quantity, storage locations and hazards of the
			 oil or hazardous material.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS › Section 340-142-0130 - Incident Management and Emergency Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person required by an approved plan
			 or a rule, contract, permit or formal agreement to coordinate activity with the
			 Department during an emergency involving a spill or release of oil or hazardous
			 material must follow a protocol of organization consistent with the National
			 Incident Management System (NIMS).
(2) Any person required by an approved plan
			 or a rule, contract, permit or formal agreement to coordinate activity with the
			 Department during an emergency involving a spill or release of oil or hazardous
			 material must accept the Department as the Lead Agency of the State for cleanup
			 at oil and hazardous materials incidents. The Department will assign a State
			 On-Scene Coordinator (SOSC). The SOSC will represent all state agencies
			 responding to the incident. The SOSC will be the point of contact through which
			 the Director will delegate assignments in an emergency. The SOSC will assume
			 the NIMS command role from any local Incident Commander when the incident
			 requires state or federal management.
(3) Any person required to coordinate with
			 the Department must do so regardless of whether or not the Department staff
			 responding to the spill or other emergency is available at the site of the
			 spill or other emergency. The Department may provide services from a remote
			 location. Telephone communication, electronically transmitted data, facsimile
			 transmission, or other communication with responders constitutes a presence at
			 an incident command location or spill site and carries the full authority of
			 the Department.
Stat. Auth: ORS 466.625 & 468B.010
Stats. Implemented: ORS 466.610, 466.620 &
				  468B.395
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 143 - BALLAST WATER MANAGEMENT › Section 340-143-0001 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules establish procedures for management of ballast water, and reporting
			 of ballast water management information as regulated under ORS 783.620 through
			 783.640. The rules' purpose is to protect waters of the state from ecological
			 and economic threats associated with aquatic nonindigenous species.
(2) All vessels greater than 300 gross tons
			 equipped with ballast water tanks traversing into waters of the state are
			 subject to these rules, except a vessel that:
(a) Traverses only internal waters of the
			 state; or
(b) Traverses only the
			 territorial sea of the United States and does not enter or depart an Oregon
			 Port or navigate waters of the state.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 143 - BALLAST WATER MANAGEMENT › Section 340-143-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions
			 defined under statute: This division uses the definitions for the following
			 terms provided in ORS
			 783.625:
(a) "Ballast water";
(b) "Cargo vessel";
(c) "Empty ballast tank":
(d) "Oil";
(e) "Open sea exchange";
(f) "Passenger vessel";
(g) "Sediment";
(h) "Ship";
(i) "Tank vessel";
(j) "Vessel";
(k) "Voyage"; and
(l) "Waters of the
			 State".
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 143 - BALLAST WATER MANAGEMENT › Section 340-143-0010 - Ballast Water Management: Discharge Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Vessels may not discharge ballast water
			 containing oil or hazardous material into waters of the state.
(2) Vessels may not discharge ballast water
			 into waters of the state unless:
(a) The
			 vessel discharges ballast water only at the same location where the ballast
			 water originated, provided that the master, operator or person in charge of the
			 vessel can demonstrate compliance with section (3) of this rule or that the
			 ballast water to be discharged was not mixed with ballast water or sediment
			 from an area other than open sea waters. For purposes of this subsection, "same
			 location" means an area within one nautical mile of the berth or within the
			 recognized breakwater of an Oregon port or place, at which the ballast water to
			 be discharged was loaded;
(b) The
			 owner or operator of the vessel conducted proper ballast water exchange
			 management practices before entering waters of the state, as follows:
(A) The vessel conducted an open sea exchange
			 for ballast tanks containing water sourced outside the Exclusive Economic Zone;
			 or
(B) The vessel conducted a
			 coastal ocean exchange for ballast tanks containing water sourced from a port
			 within the Pacific Coast Region of North America;
(c) The vessel obtained the ballast water
			 solely from open sea waters that are no less than 200 nautical miles from any
			 shore and where water depth exceeds 2,000 meters;
(d) The ballast water originated solely from
			 the common waters zone, as defined by OAR 340-143-0005(2);
(e) The ballast water originated solely from
			 municipal or treated drinking water sources and is not mixed with ballast water
			 obtained from areas other than open sea waters;
(f) The ballast water had been managed using
			 a shipboard treatment system that meets the certification and discharge
			 standards set forth in OAR 340-143-0050; or
(g) The vessel owner or operator has declared
			 a safety exemption as described under OAR 340-143-0040(2).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 143 - BALLAST WATER MANAGEMENT › Section 340-143-0030 - Ballast Water Management: Vessel Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ or its agent is authorized to board
			 and inspect vessels, without advance notice, to provide technical assistance,
			 assess compliance and enforce Oregon ballast water management rules as provided
			 under ORS 783.620-640, as long as such inspections are conducted in accordance
			 with standards described in this rule. DEQ may prioritize vessel inspections
			 based on:
(a) Reporting compliance,
(b) Information submitted in ballast water
			 reporting forms,
(c) Discharge
			 behavior; or
(d) Other applicable
			 criteria to assess the risk of introducing nonindigenous species.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 143 - BALLAST WATER MANAGEMENT › Section 340-143-0040 - Ballast Water Management: Emergency Management Alternatives for Vessel's Declaring Safety Exemption Discharge of High-Risk Ballast Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unexchanged or
			 untreated ballast water may not be discharged into waters of the state without
			 DEQ review and authorization. This is to provide DEQ with sufficient time to
			 determine whether ballast water proposed for discharge represents a high-risk
			 for introduction of nonindigenous species and whether or not feasible
			 management alternatives are available to minimize that risk and protect waters
			 of the state.
(2) Vessel owners or
			 operators requesting safety exemptions under ORS 783.635(2)(b) must file a
			 ballast water reporting form clearly identifying the request, and provide
			 sufficient additional information for DEQ to evaluate the request and determine
			 whether an emergency ballast water management alternative is warranted.
(a) Reporting Requirements. Vessel operators
			 requesting a safety exemption must notify DEQ of their intent on the ballast
			 water reporting form required under ORS 783.640. Notification requires writing
			 the words "safety exemption" on the form where it asks "If no ballast treatment
			 conducted, state reason why not:" and stating the cause as either "adverse
			 weather," "vessel design limitation," equipment failure" or "extraordinary
			 condition."
(A) Vessel operators may rescind
			 a safety exemption claim by filing an amended ballast water reporting form and
			 notifying DEQ as required in this section.
(B) Vessel operators using treatment
			 technologies and claiming a safety exemption due to equipment failure must
			 conduct an open sea exchange or explain why that was not possible.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 143 - BALLAST WATER MANAGEMENT › Section 340-143-0050 - Ballast Water Management: Shipboard Ballast Water Treatment Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Use of
			 shipboard ballast water treatment systems. Ballast water treated using
			 technology approved for shipboard use by the U.S. Coast Guard and in compliance
			 with federal discharge standards established by the U.S. Environmental
			 Protection Agency may be discharged to waters of the state but may also be
			 subject to additional management practice requirements established under
			 section (2) of this rule.
(2)
			 Ballast exchange plus treatment. For vessels managing ballast water with a
			 shipboard treatment system under federal discharge standards, the vessel
			 operator must also conduct ballast water exchange for tanks with ballast water
			 salinity less than or equal to 18 parts per thousand, or under circumstances
			 when vessel operator is unable to verify ballast salinity. This requirement
			 applies to ballast discharge to waters of the Columbia River, Coos Bay, or
			 Yaquina Bay. Under these circumstances, vessel operators must conduct ballast
			 exchange or saltwater flushing practices prior to treatment, as OAR
			 340-143-0010(2)(b), and 340-143-0010(3)  specify, respectively, resulting in
			 salinity greater than or equal to 30 parts per thousand. The ballast water
			 exchange requirement under this section does not apply if:
(a) The vessel is equipped with a ballast
			 water treatment system approved for shipboard use by the U.S. Coast Guard and
			 meets a ballast discharge standard more stringent than the International
			 Maritime Organization D-2 standards established under the 2004 Ballast Water
			 Management Convention, provided that discharged ballast contains:
(A) Less than 1 living organism per 10 cubic
			 meters that is 50 or more micrometers in minimum dimension;
(B) Less than 1 living organism per 10
			 milliliters that is less than 50 micrometers in minimum dimension and more than
			 10 micrometers in minimum dimension; and
(C) Concentrations of indicator microbes that
			 are less than:
(i) One colony-forming unit of
			 toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less
			 than one colony-forming unit of that microbe per gram of wet weight of
			 zoological samples;
(ii) 126
			 colony-forming units of Escherichia coli per 100 milliliters; and
(iii) 33 colony-forming units of intestinal
			 enterococci per 100 milliliters.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 143 - BALLAST WATER MANAGEMENT › Section 340-143-0060 - Ballast Water Management: Ballast Tank Sediment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except during normal operation of ballast
			 pump systems, a vessel operator may not remove or dispose of unsuspended
			 sediment from spaces designed to carry ballast water into waters of the
			 state.
(2) The cleaning of ballast
			 tanks within Oregon waters is prohibited except under controlled arrangements
			 in port or in dry dock. Fouling organisms and sediments removed during the
			 cleaning of ballast tanks may not be discharged to waters of the state and must
			 be disposed of in accordance with local, state and federal law.
(3) DEQ may approve sediment disposal
			 facilities. These facilities must provide for the disposal of such sediment in
			 a way that effectively eliminates the risk of nonindigenous species anddoes not
			 impair or damage the environment, human health or property, or resources of the
			 disposal area.
Stat. Auth.: ORS 468.020, 783.620 - 783.640
Stats. Implemented: ORS 783.620 -
				  783.640
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules is:
(a) To provide for
			 the regulation of underground storage tanks (USTs) to protect the public
			 health, safety, welfare and the environment from the potential harmful effects
			 of spills and releases from underground tanks used to store regulated
			 substances;
(b) To prevent releases
			 due to structural failure, system leaks, corrosion, spills and overfills for as
			 long as an UST system is used to store regulated substances;
(c) To promote the proper operation and
			 maintenance of UST systems through training of UST facility personnel and
			 expedited enforcement of violations; and
(d) To obtain state program approval to
			 manage underground storage tanks in Oregon in lieu of the federal program, as
			 required by ORS
			 466.720.