Or. Admin. R. 340-141-0180 - Plan Submittal

Current through Register Vol. 60, No. 12, December 1, 2021

(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.

Notes

Or. Admin. R. 340-141-0180
DEQ 2-2003, f. & cert. ef. 1-31-03; DEQ 8-2021, amend filed 05/20/2021, effective 5/20/2021

Statutory/Other Authority: ORS 468.020 & 468B.395

Statutes/Other Implemented: ORS 468B.355

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