Or. Admin. R. 340-141-0285 - Plan Update Timeline

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

(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.

Notes

Or. Admin. R. 340-141-0285
DEQ 8-2021, adopt filed 05/20/2021, effective 5/20/2021

Statutory/Other Authority: ORS 468B.437

Statutes/Other Implemented: ORS 468B.395 & ORS 468B.300 - 468B.500

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