Oregon Administrative Code

340-141-0160 Prevention Strategies for Facilities (1) The owner or operator of each onshore and offshore facility must develop spill prevention strategies that will, when implemented, provide the best achievable protection from damages caused by the discharge of oil into the wate…

340-141-0170 Prevention Strategies for Vessels (1) Each covered vessel must have spill prevention strategies that when implemented will provide the best achievable protection from damages caused by the discharge of oil into the waters of the state. (2) Prevention documents prepar…

340-141-0180 Plan Submittal (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 ves…

340-141-0190 Plan Review (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 al…

340-141-0200 Drills, Exercises, and Inspections (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 drill…

340-141-0210 Plan Maintenance and Use (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 cop…

340-141-0220 Plan Update Timeline (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…

340-141-0230 Noncompliance with Plan Requirements (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 respon…

340-141-0240 Equipment Mutual Aid (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…

340-141-0250 Definitions for High Hazard Train Routes 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 ma…

340-141-0260 Oil Spill Contingency Plan for High Hazard Rail Applicability (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 contingenc…

340-141-0265 Contingency Plan Contents 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)…

340-141-0270 Drill and Exercise Requirements for High Hazard Rail (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) A…

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 rul…

340-141-0282 Plan Maintenance and Use (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 …

340-141-0285 Plan Update Timeline (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…

340-141-0290 Loaded Tank Railroad Car Fee (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 o…

340-142-0001 Purpose and Scope (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 thi…

340-142-0005 Definitions as Used in This Division Unless Otherwise Specified (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 invest…

340-142-0030 Emergency Action (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…

340-142-0040 Required Reporting (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 quan…

340-142-0050 Reportable Quantities (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 …

340-142-0060 Cleanup Standards (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 thre…

340-142-0070 Approval Required for Use of Chemicals (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 …

340-142-0080 Disposal of Recovered Spill Materials (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 sp…

340-142-0090 Cleanup Report 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. Statutory/Other Authority: ORS 183, 466 & 468B Statutes/Other Imple…

340-142-0100 Sampling/Testing Procedures 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 s…

340-142-0120 Information Requests, Inspections and Investigations (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 …

340-142-0130 Incident Management and Emergency Operations (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 foll…

340-143-0001 Authority, Purpose, and Scope (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 ecologi…

340-143-0005 Definitions (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) “…

340-143-0010 Ballast Water Management: Discharge Prohibitions (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 …

340-143-0020 Ballast Water Management: Reporting, Management Plans and Recordkeeping (1) A vessel owner or operator covered by OAR chapter 340, division 143 must report ballast water management information to DEQ at least 24 hours before entering waters of the state. When the ves…

340-143-0030 Ballast Water Management: Vessel Inspections (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 783.620-64…

340-143-0040 Ballast Water Management: Emergency Management Alternatives for Vessel’s Declaring Safety Exemption Discharge of High-Risk Ballast Water (1) Unexchanged or untreated ballast water may not be discharged into waters of the state without DEQ review and authorization. Th…

340-143-0050 Ballast Water Management: Shipboard Ballast Water Treatment Systems (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 esta…

340-143-0060 Ballast Water Management: Ballast Tank Sediment (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 b…

340-150-0001 Purpose and Scope (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 tan…

340-150-0006 Applicability and General Requirements (1) An owner and permittee of an UST system as defined by OAR 340-150-0010 (93) must comply with this division, except to the extent the system is exempted or compliance deferred or limited by 340-150-0008. (2) An owner and perm…

340-150-0008 Exemptions and Deferrals (1) An UST located in Indian Country, as defined in 18 U.S.C. Subpart 1151, is exempt from the requirements of OAR chapter 340, divisions 150 and 151. (2) Heating oil tanks are exempt from OAR chapter 340, divisions 150 and 151. The heating o…

340-150-0010 Definitions The following definitions apply to this division and as applicable for OAR chapter 340 divisions 151 and 160: (1)(a) “Airport hydrant fuel distribution system” (also called airport hydrant system) means an UST system that fuels aircraft and operates under…

340-150-0020 UST General Permit Registration Certificate Required (1) A person may not install, operate or close an UST without applying for and being issued a general permit registration certificate from DEQ for one of the following actions: (a) Installation; (b) Operation; (c) …

340-150-0021 Termination of Temporary Permits Any owner or permittee holding a temporary permit to operate an UST on or before December 22, 1998, who was not issued an operation certificate by the department by December 23, 1998, must apply for a general permit for temporary clos…

340-150-0052 Modification of Registration Certificates For Changes in Ownership and Permittee (1) A new owner or proposed new permittee must submit an application to modify the UST general permit registration certificate within 30 days of any of the following occurring: (a) Chang…

340-150-0080 Denial, Suspension or Revocation of General Permit Registration Certificates (1) An UST general permit registration certificate may be denied, suspended or revoked: (a) If there was a material misrepresentation or false statement in the application; or (b) If the UST…

340-150-0102 Termination of General Permit Registration Certificates for Installation, Operation and Temporary Closure (1) A general permit registration certificate will automatically terminate 30 days after any of the changes set forth in OAR 340-150-0052(1) have occurred, unles…

340-150-0110 UST General Permit Registration, Annual Compliance and Other Fees (1) An owner and permittee must pay a $400 installation fee for each UST or UST compartment installed and the general permit registration fee for each tank. This fee must accompany the application for …

340-150-0135 General Requirements for Owners and Permittees (1) An owner and permittee must comply with the UST operator training requirements in OAR 340-150-0200 or 340-150-0210, as applicable. (2) The property owner, UST owner and permittee must allow any DEQ employee or author…

340-150-0137 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems (1) On or after October 1, 2020, owners and permittees of field-constructed tanks and airport hydrant fuel distribution system tanks must comply with OAR 340-150-0137(2) and the tr…

340-150-0140 Requirements for Sellers of USTs (1) Any person who sells an UST must notify a proposed new owner and permittee in writing of the requirements for applying for a modified general permit operation certificate (OAR 340-150-0052) or a general permit installation certifi…