(a) Railroads must have current, written comprehensive oil spill response plans (COSRPs) meeting the requirements of this subpart for any route or route segments used to transport either of the following:

1. (1) Any liquid petroleum oil or other non-petroleum oil subject to this part in a quantity greater than 42,000 gallons (1,000 barrels) per packaging; or

2. (2) A single train carrying 20 or more loaded tank cars of liquid petroleum oil in a continuous block or a single train carrying 35 or more loaded tank cars of liquid petroleum oil throughout the train consist.

   1. (i) Tank cars carrying liquid petroleum oil products not meeting the criteria for Class 3 flammable or combustible material in § 173.120 of this chapter, or containing residue as defined in § 171.8 of this chapter, are not required to be included when determining the number of tank cars transporting liquid petroleum oil in paragraph (a)(2) of this section.
   2. (ii) [Reserved]

(c) A railroad required to develop a response plan in accordance with this section may not transport applicable quantities of oil (including handling and storage incidental to transport) unless—

1. (1) The response plan is submitted, reviewed, and approved as required by § 130.150 except as described in paragraph (d) of this section; and
2. (2) The railroad is operating in compliance with the response plan.

(d) A railroad required to develop a response plan in accordance with this section may continue to transport oil without an approval from PHMSA provided that all of the following criteria are met:

1. (1) The railroad submitted a plan in accordance with the requirements of § 130.150(a) within the previous two years;
2. (2) The submitted plan includes the certification in § 130.130;
3. (3) The railroad is operating in compliance with the submitted plan; and
4. (4) PHMSA has not issued a final decision that all or part of the plan does not meet the requirements of this subpart.