The definitions in this rule apply to the high hazard train route contingency planning requirements:

1. (1) “Average Most Probable” spill, release or discharge for high hazard train routes means the probable volume of oil that may spill as defined in a plan considering the history of spills. It may also be defined as the lesser of one percent of the worst case spill, release or discharge, or 50 barrels, when used as a planning volume.
2. (2) “Owner” means the owner or operator who has ultimate control over the high hazard rail line for contingency planning requirements.

3. (3) “Worst case spill” means the greater of:

   1. (a) 300,000 gallons of oil from a single train; or
   2. (b) 15 percent of the total lading of oil transported within the largest single train reasonably expected to transport oil over the high hazard rail route.

Statutory/Other Authority

ORS 468B.300 & ORS 368B.340

Statutes/Other Implemented

ORS 468B.300 – 468B.500

History

DEQ 8-2021, adopt filed 05/20/2021, effective 05/20/2021