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High Hazard Rail Tank Fee 2023

Adopted rule

Administrative Order No.: DEQ-3-2024
Filed and Effective: March 5, 2024

See Oregon Bulletin, April 2024

Rulemaking contact: Kyrion Gray, 503-341-4538

This rulemaking is to fulfill DEQ's statutory obligation to establish a “per tank fee" on train cars filled with oil entering Oregon. This fee will fund a Public Safety Training Specialist position with Office of the State Fire Marshal to conduct drills and exercises with the High Hazard Rail Operators in Oregon. 

ORS 468B.435 (13)(c) authorizes a fee up to $20 per tank car to be paid by the owner of the crude oil that is being transported along the high hazard rail route in the state. DEQ adopted a per tank car fee of $19 to be collected by the Department of Revenue. This will also be used to fund one full-time position within the Office of the State Fire Marshal.

DEQ convened an advisory committee to review the technical issues and fiscal impacts related to the proposed rules. In convening this committee, DEQ appointed members that reflect the range of entities that are both directly and indirectly affected by proposed changes to the rules.

Meeting, Oct. 9, 2023

Public involvement

The comment period closed at 4 p.m. on Jan. 22, 2024. 

For more information, see the Notice of Proposed Rulemaking, which includes the notice and proposed rules.
Public hearing

DEQ held one public hearing on Jan. 16, 2024.

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EQC action

At the 430th Oregon Environmental Quality Commission meeting on Jan. 24, 2024, the Environmental Quality Commission authorized delegation to Director Leah Feldon for the 2023 High Hazard Rail Tank Fee rulemaking. Director Feldon approved adopting these rules on March. 5, 2024.