Or. Admin. R. 340-141-0270 - Drill and Exercise Requirements for High Hazard Rail

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

(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.

Notes

Or. Admin. R. 340-141-0270
DEQ 8-2021, adopt filed 05/20/2021, effective 5/20/2021

Statutory/Other Authority: ORS 468.020 & ORS 468B.437

Statutes/Other Implemented: ORS 468B.429, ORS 468B.300 - 468B.500 & ORS 453.392

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