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(continued) lities must have the ability to recover oil at or before this time and have in place equipment and personnel with the ability to recover the lesser of 36,000 barrels of oil or 15 percent of the worst case spill volume from the water in the next 24 hours. Facilities must have the ability to assess the impact of a spill on wildlife. Responders listed in the plan must have the ability to identify shoreline impacts.
(E) By 24 hours after the discovery of a spill, the facility must have deployed or have at the designated staging area for equipment deployment an amount of boom equal to 35,000 feet. Facilities handling only nonpersistent oils need to have 15,000 feet of boom at this time. All facilities must have in place equipment and personnel with the ability to recover from the water the lesser of 48,000 barrels of oil or 20 percent of the worst case spill volume in the next 24 hours.
(F) By 48 hours after the discovery of a spill, the facility must have the ability to recover oil from the water to the lesser of 60,000 barrels of oil or 25 percent of the worst case spill volume in the next 24 hours.
(c) Offshore facilities located in the Open Ocean Zone;
(A) By 1 hour after the discovery of a spill, the offshore facility must have begun deploying the open ocean rated boom required to be at the facility. This must be an amount of boom equal to the full perimeter of the offshore facility plus the length of the largest vessel or barge, or combined vessel lengths, moored at the offshore facility.
(B) By 6 hours after the discovery of a spill, responders listed in the plan must be prepared to participate in an initial assessment of the release. The offshore facility must also have the ability to begin recovering oil so an amount equal to 10 percent of the worst case spill volume can be recovered in the next 24 hours and stored on site.
(C) By 12 hours after the discovery of a spill, the offshore facility must have the ability to deploy protective boom at all sensitive coastal locations within 25 miles of the offshore facility. Facilities must have the ability to recover the lesser of 36,000 barrels of oil or 15 percent of the worst case spill volume from the water in the next 24 hours. Facilities must have the ability to assess the impact of a spill on wildlife. Responders listed in the plan must have the ability to identify shoreline impacts.
(D) By 24 hours after the discovery of a spill, the offshore facility must have the ability to recover oil from the water to the lesser of 48,000 barrels of oil or 20 percent of the worst case spill volume in the next 24 hours.
(E) By 48 hours after the discovery of a spill, the offshore facility must have the ability to establish shoreline cleanup resources and wildlife rescue services. The facility must have the ability to recover oil from the water to the lesser of 60,000 barrels of oil or 25 percent of the worst case spill volume in the next 24 hours.
(d) Covered vessels operating in any sub-Zone of the Columbia River must meet the following planning standards:
(A) By 2 hours after the discovery of a spill, the responders listed in the operator's plan must be prepared to participate in an initial assessment of the release. Responders listed in the plan must have initiated deployment of containment boom around the source except in the case of passenger vessels, and vessels at risk of exacerbating the situation, where a deflection deployment for safety reasons may be used. The amount of boom being deployed must be the lesser of 1000 feet, or a length equal to four times the length of the vessel. The boom must be placed in the water in a location and fashion so as to safely contain and facilitate recovery of the greatest amount of oil from the water. Additional boom must be available at the staging area equal to the balance of four times the length of the vessel if the vessel is more than 250 feet in length. In all cases the plan must include, by contract or other approved means, a boat crew capable of deploying and tending the required boom to be operating on site at this time.
(B) By 6 hours after the discovery of a spill, the vessel operator must have arranged for recovery of spilled oil. There must be equipment and personnel available to be on site at this time with the ability to recover the lesser of 12,000 barrels of oil, or an amount of oil equal to two percent of the vessel's worst case spill, from the water in the next 24 hours. The vessel plan must also provide for the delivery of 10,000 feet of containment boom.
(C) By 12 hours after the discovery of a spill, the vessel operator must have the ability to deploy 40,000 feet of boom. There must be a recovery system capable of removing the lesser of 36,000 barrels of oil or five percent of the worst case spill volume from the water in the next 24 hours. Plans must include the ability to assess the impact of a spill on wildlife. Responders listed in the plan must have the ability to identify shoreline impacts.
(D) By 24 hours after the discovery of a spill, the vessel operator must have deployed, or have at the designated staging area for equipment deployment, equipment and operators with the ability to recover the lesser of 48,000 barrels of oil or 12 percent of the worst case spill volume from the water in the next 24 hours.
(E) By 48 hours after the discovery of a spill, the vessel operator must be able to arrange for an increased ability to recover oil from the water to the lesser of 60,000 barrels of oil or 17 percent of the worst case spill in the next 24 hours.
(e) Covered vessels operating in the Coastal Bays Zone must meet the following planning standards:
(A) By 2 hours after the discovery of a spill, the responders listed in the plan must be prepared to participate in an initial assessment of the release. Responders listed in the plan must have initiated deployment of containment boom around the source, or in the case of passenger vessels a deflection deployment for safety reasons. The amount of boom being deployed must be the lesser of 1,000 feet, or a length equal to four times the length of the vessel. The boom must be placed in the water in a location and fashion so as to contain and facilitate recovery of the greatest amount of oil from the water. Additional boom must be available at the staging area equal to the balance of four times the length of the vessel if the vessel is more than 250 feet in length. In all cases the plan must include, by contract or other approved means, a boat crew capable of deploying and tending the required boom to be operating on site at this time.
(B) By 6 hours after the discovery of a spill, the vessel operator must have arranged for recovery of spilled oil. There must be equipment and personnel on site at this time with the ability to recover the lesser of 12,000 barrels of oil or an amount of oil equal to two percent of the vessel's worst case spill from the water in the next 24 hours. The vessel plan must also have provided for the delivery to the site of 6,500 feet of containment boom.
(C) By 12 hours after the discovery of a spill, the vessel operator must have the ability to deploy 9,500 feet of boom. There must be a recovery system on site capable of removing the lesser of 36,000 barrels of oil or five percent of the worst case spill volume from the water in the next 24 hours. Vessels must have the ability to assess the impact of a spill on wildlife. Responders listed in the plan must have the ability to identify shoreline impacts.
(D) By 24 hours after the discovery of a spill, the vessel operator must have 14,000 feet of boom deployed, or at the designated staging area for equipment deployment, and equipment and operators with the ability to recover the lesser of 48,000 barrels of oil or 12 percent of the worst case spill volume from the water in the next 24 hours.
(E) By 48 hours after the discovery of a spill, the vessel operator must be able to arrange to recover oil from the water to the lesser of 60,000 barrels of oil or 17 percent of the worst case spill volume in the next 24 hours.
(f) Covered vessels operating in the Open Ocean Zone:
(A) By 2 hours after the discovery of a spill, the responders listed in the plan must mobilize personnel, prepare to conduct an initial site assessment and site safety characterization of the spill area and arrange for aircraft for aerial observations. Transport of appropriate boom must take place in preparation for deployment at the source. In the case of passenger vessels, booming strategies must take into account the safety of passengers. Amount of boom must be the lesser of 1,000 feet, or a length equal to four times the length of the vessel. Booming strategies must maximize containment and facilitate recovery of the greatest amount of oil from the water. Additional boom must be available at the response resource staging area equal to the balance of four times the length of the vessel if the vessel is more than 250 feet in length. In all cases, the plan must have listed by contract or other approved means qualified personnel to accomplish the requirements of this paragraph.
(B) By 6 hours after the discovery of a spill, the vessel operator must have arranged for recovery of spilled oil. There must be equipment and personnel on site capable of recovering the lesser of 12,000 barrels of oil from the water or an amount of oil equal to two percent of the vessel's worst case spill in the next 24 hours. The vessel plan must also have provided for the delivery to the site of 10,000 feet of containment boom.
(C) By 12 hours after the discovery of a spill, the vessel operator must have the ability to deploy 40,000 feet of boom. There must be on site a recovery system capable of removing from the water the lesser of 36,000 barrels of oil or three percent of the worst case spill volume in the next 24 hours. Vessel operators must have the ability to assess the impact of a spill on wildlife. Responders listed in the plan must have the ability to identify shoreline impacts.
(D) By 24 hours after the discovery of a spill, the vessel operator must have deployed, or have at the designated staging area for equipment deployment, equipment and operators with the ability to recover the lesser of 48,000 barrels of oil or 12 percent of the worst case spill volume from the water in the next 24 hours.
(E) By 48 hours after the discovery of a spill, the vessel operator must be able to arrange to recover oil from the water to the lesser of 60,000 barrels of oil or 17 percent of the worst case spill volume in the next 24 hours.
(g) Pipelines located in, or crossing, a planning Zone where there is a potential for spilling or releasing oil to navigable waters of the state must meet the following planning standards:
(A) By 1 hour after the discovery of a spill, the pipeline operator must completely shutdown the pipeline.
(B) By 2 hours after the discovery of a spill, the pipeline operator or its dedicated response contractor must have deployed 1,000 feet of containment boom around the spill source entering the water. The boom must be placed in the water in a location and fashion so as to contain and facilitate recovery of the greatest amount of oil from the water.
(C) By 6 hours after the discovery of a spill, the pipeline operator must have arranged for recovery of spilled oil. There must be equipment and personnel on site capable of recovering the lesser of 12,000 barrels of oil or an amount of oil equal to 10 percent of the pipeline's worst case spill from the water in the next 24 hours.
(D) By 12 hours after the discovery of a spill, the pipeline operator must have 15,000 feet of boom deployed or at the designated staging area for equipment deployment. All pipelines must have the ability to recover oil at or before this time and have in place equipment and personnel with the ability to recover the lesser of 36,000 barrels of oil or 15 percent of the worst case spill volume from the water in the next 24 hours. The pipeline operator must have the ability to assess the damage potentially done to wildlife and shorelines in the impacted area of the spill.
(E) By 24 hours after the discovery of a spill, the pipeline operator must increase the ability to recover oil from the water to the lesser of 48,000 barrels of oil or 20 percent of the worst case spill volume in the next 24 hours. The pipeline operator must have arranged for sufficient boom of an appropriate design to be deployed for the protection of sensitive wildlife habitats within the potential drift of oil in 24 hours.
(F) By 48 hours after the discovery of a spill, the pipeline operator must increase the ability to recover oil from the water to the lesser of 60,000 barrels of oil or 25 percent of the worst case spill volume in the next 24 hours. The pipeline operator must have arranged for sufficient boom of an appropriate design to be deployed for the protection of sensitive wildlife habitats within the potential drift of oil in 48 hours.
(h) Pipelines located in, or crossing, the Inland Zone must meet the following planning standards:
(A) By 1 hour after the discovery of a spill, the pipeline operator must complete a shutdown of the pipeline.
(B) By 2 hours after the discovery of a spill, the pipeline operator must have assigned personnel and emergency equipment to locate the exact point of release. The pipeline operator must have arranged for the equipment and response personnel necessary to contain the spill.
(C) By 6 hours after the discovery of a spill, the pipeline operator must have the ability to complete the assessment of the spill. The pipeline operator must have the ability to rapidly get resources to the spill location using preplanned caches of materials where no local resources are resident.
(D) By 12 hours after the discovery of the spill, the pipeline operator must have the ability to recover free standing liquid oil from the environment equal to five percent of the worst case spill in the next 24 hours. The pipeline operator must have the ability to assess and mitigate the damage potentially done to wildlife, wildlife habitat and natural resources in the impacted area of the spill.
(E) By 24 hours after the discovery of a spill, the pipeline operator must have deployed or have at the designated staging area for equipment deployment an amount of equipment capable of removing 10 percent of the worst case spill volume from the land and any impacted water in the next 24 hours.
(F) By 48 hours after the discovery of a spill, the pipeline operator must increase the ability to remove oil from the environment to the lesser of 60,000 barrels in the next 24 hours, or 15 percent of the worst case spill volume. The pipeline operator must have arranged for sufficient equipment, of an appropriate design, to be deployed for the protection of sensitive wildlife habitats within the potential spread or travel of the oil in 24 hours.
(4) Resources identified in a plan to meet planning standards must include these conditions and qualifications:
(a) The required resources listed in the plans for facilities, not including transmission pipelines or pipeline terminals, must be the property of the plan holder or specifically available to the plan holder through a contract or other approved means. Those resources required for the first and second hours on the Columbia River must be stocks of materials and labor sources resident within the impacted sub-Zone. To meet the six hour planning standards, the resources on the Columbia River may also be those normally resident in an adjacent sub-Zone. To meet the planning standard on the Columbia River at 12 hours, the materials may be from resources resident in the Zone. Those resources required for the first through the sixth hours in a coastal bay must be stocks of materials and labor sources resident within the impacted Zone. To meet the 12-hour planning standards in Coastal and Inland Zones, the resources may be from an adjacent planning Zone.
(b) The required resources listed in a covered vessel plan must be the property of the plan holder, or specifically available to the plan holder through a contract or other approved means. Those resources necessary and available to meet planning standards for the initial response, and through the first two hours on the Columbia River must be stocks of materials and labor sources resident within the impacted sub-Zone. To meet the six hour planning standard, the resources may be from an adjacent sub-Zone. To meet the 12 hour planning standards the resources on the Columbia River must be those normally resident in that Zone. To meet planning standards at two hours and six hours in Coastal Bay Zone, the resources must be resident in the specific bay. To meet planning standards at 12 hours in the Coastal Bay Zone, the resources may be from an adjacent Zone.
(c) The required resources listed for a pipeline plan must be the property of the plan holder, or specifically available to the plan holder through a contract or other approved means. Those resources required for the first and second hours on the Columbia River must be stocks of materials and labor sources resident within the impacted sub-Zone. To meet the six hour planning standards, the resources on the Columbia River may also be those normally resident in an adjacent sub-Zone. To meet the 12 hour planning standard on the Columbia River, the materials may be from resources resident in the Zone. Those resources required for the first through the sixth hours in a Coastal Bay Zone must be stocks of materials and labor sources resident within the impacted Zone. To meet planning standards at 12 hours in Coastal and Inland Zones, the resources may be from an adjacent planning Zone.
(5) For all facilities, pipelines and covered vessels subject to planning standards in this rule, if equipment to recover oil from the water is required, the plan must identify interim storage for the recovered oil and oily water. Interim storage qualifications are described in section 0140 (24), the required content of contingency plans section of this rule, and are also addressed in OAR 340-142-0080. The Department will set plan specific interim storage planning standards, or apply a default interim storage capacity equal to three times the effective daily recovery capacity (EDRC) of the equipment used to achieve the recovery percentages or volumes given in the planning standards of section (3). EDRC is used in planning standards to adjust the total recovery ability of a particular piece of oil spill recovery equipment to a lower value compensating for any incidental water it may recover. Unless otherwise approved by the Department the nameplate efficiency for a piece of equipment will be derated to 20 percent of its manufacturer's claim. Requirements for the 6 to 12 hour planning standards must show how the plan will meet the need for interim storage.
Stat. Auth.: ORS 468.020, ORS 468B.395
Stats. Implemented: ORS 468B.350
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
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 waters of the state. The strategies may be in the form of:
(a) Appendices to oil spill prevention and emergency response plans required under this chapter; or
(b) A stand alone prevention plan that meets all requirements of OAR 340-141-0100 to 340-141-0230.
(2) Spill Prevention Countermeasure and Control Plans (SPCC), Operation Manuals and other prevention documents prepared to meet federal requirements under 33 CFR 154, 33 CFR 156, 40 CFR 109, 40 CFR 112, or the Federal Oil Pollution Act of 1990 or plans prepared to meet the requirements of other states may be submitted to satisfy requirements under this chapter if the Department deems that such requirements equal or exceed those of the Department, or if the plans are modified or appended to satisfy requirements of this Division.
(3) Spill prevention strategies must at a minimum provide all of the following:
(a) Documentation of types and frequency of spill prevention training provided to applicable personnel;
(b) Evidence that the facility has an operations manual;
(c) A description of a drug and alcohol awareness program that provides training and information materials to all employees on recognition of alcohol and drug abuse treatment opportunities, and applicable company policies;
(d) Evidence of a maintenance and inspection program that includes:
(A) Summary of the frequency and type of all regularly scheduled inspection and preventative maintenance procedures for tanks, pipelines, key storage, transfer, or production equipment including associated pumps, valves, and flanges, and overpressure safety devices and other spill prevention equipment;
(B) Description of integrity testing of storage tanks and pipelines using such techniques as hydrostatic testing and visual inspection, including but not limited to the frequency of tests, means of identifying that a leak has occurred and measures to reduce spill risk if test material is product;
(C) External and internal corrosion detection and repair;
(D) Damage criteria for equipment repair or replacement;
(E) Maintenance and inspection records of the storage and transfer facilities and related equipment will be made available to the Department upon request; and
(F) Documentation required under 40 CFR 112.7(e) or 33 CFR 154, Subparts C and D may be used to address elements of this subsection.
(e) A description of the use of containment boom at facilities transferring persistent oil, including:
(A) Type(s) of boom used based upon the varied conditions within the region(s) of operation; and
(B) Methods of boom placement and anchoring.
(f) Identification of spill prevention technology currently in use, including if applicable:
(A) Tank and pipeline materials and design;
(B) Storage tank overflow alarms, tank overflow cutoff switches, low level alarms and automatic transfer shutdown systems, including methods to alert operators, system accuracy and tank fill margin remaining at time of alarm activation before overflow would occur at maximum pumping rate (documentation required under 40 CFR 112.7(e)(2)(viii) or 33 CFR 154.310(a) (12-13) may be used to address some or all of these elements);
(C) Leak detection systems for both active and nonactive pipeline conditions including detection thresholds in terms of duration and percentage of pipeline flow limitations on system performance due to normal pipeline events, and procedures for operator response to leak alarms (documentation required under 40 CFR 112.7(e)(3) may be used to address some or all of these elements);
(D) Rapid pump and valve shutdown procedures, including means of ensuring that surge and overpressure conditions do not occur, rates of valve closure, sequence and time duration (average and maximum) for entire procedure, automatic and remote control capabilities utilized and visual displays of system status for operator use (documentation required under 40 CFR 112.7(e)(3) may be used to address some or all of these elements);
(E) Minimization of post-shutdown residual drainout from pipes, including criteria for locating valves, identification of all valves (including types and means of operation) that may be open during a transfer process, and any other techniques for reducing drain out;
(F) Means of relieving pressure due to thermal expansion of liquid in pipes during periods of nonuse;
(G) Secondary containment, including contents of the largest tank plus space for precipitation, and material design and permeability of the containment area (documentation required under 40 CFR 112.7(e)(1) and (2)(ii) - (iv) may be used to address some or all of these elements);
(H) Surge control systems;
(I) Internal and external corrosion control coatings or wrappings and instruments;
(J) Storm water and other drainage retention, treatment and discharge systems, including maximum storage capacities and identification of any applicable discharge permits (documentation required under 40 CFR 112.7(e)(1) and (2)(iii) and (ix) may be used to address some or all of these elements); and
(K) Criteria for suspension of operations while leak detection or other spill control systems are inoperative.
(g) A description of facility site security systems, including:
(A) Procedures for controlling and monitoring facility access;
(B) Lighting (documentation required under 33 CFR 154.570 may be used to address some or all of this element);
(C) Signage; and
(D) Right-of-way identification or other measures to prevent third party damage (documentation required under 40 CFR 122.7(e)(3)(v) and (9) may be used to address some or all of this element).
(h) History of any discharges of oil to the land or waters of the state in excess of 25 barrels (1,050 gallons) which occurred during the five-year period prior to the plan submittal date. For each discharge, describe:
(A) Quantity;
(B) Type of oil;
(C) Geographic area;
(D) Analysis of cause, including source(s) of discharged oil and contributing factors (e.g., equipment failure, employee error, adverse weather, etc.); and
(E) Measures taken to remedy the cause and prevent reoccurrence.
(i) A detailed and comprehensive site risk analysis that:
(A) Evaluates the construction, age, corrosion, inspection and maintenance, operation and oil spill risk of the transfer, production and storage system including piping, tanks, pumps, valves and associated equipment;
(B) Evaluates spill minimization and containment systems;
(C) Incorporates information required in subsection (f) of this section;
(D) Is prepared under the supervision of (and bears the seal of) a licensed professional engineer; and
(E) Includes documentation required under 40 CFR 112.7(b) and (e) may be used to address some or all of the elements in this subsection.
(j) A description of how the facility will incorporate those measures that will provide best achievable protection to address the spill risks identified in the risk analyses required in subsection (i) of this section. (Information documented pursuant to 40 CFR 112.7(e) and 33 CFR 154.310 may be used to address some or all of the elements of this subsection.)
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 468.020, ORS 468B.395
Stats. Implemented: ORS 468B.345 - ORS 468B.390
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
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 prepared to meet federal requirements under the Oil Pollution Act of 1990 or plans prepared to meet the requirements of other states may be used to satisfy the criteria of this section.
(3) Vessel owners or operators will make maintenance and inspection records, and oil transfer procedures available to the Department upon request.
Stat. Auth.: ORS 468.020, ORS 468B.395
Stats. Implemented: ORS 468B.345 - ORS 468B.390
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
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 the Department at least 90 days before oil is moved into or out of the facility.
(b) Plans for covered vessels of 300 gross tons or more which transit the Columbia River and Willamette River must be submitted to the Department at least 90 days before that vessel enters navigable waters of the state.
(c) Plans for existing pipelines in the Inland Zone must be submitted by June 30, 2003. After June 30, 2003 plans for new pipelines must be submitted 90 days before pipeline operations commence.
(2) One complete copy of the plan (including appendices) must be submitted to the Department in printed or electronic form. Plans must be submitted to: Department of Environmental Quality, Emergency Response Program, 811 SW 6th Ave., Portland, Oregon 97204. Electronic copies must be sent the Department on either standard computer disk or compact disk. A printed copy of the complete plan showing all revisions may be required during the public review period. The plan holder may be required to supply up to four printed copies of the final plan.
(3) Onshore and offshore facility plans may be submitted by:
(a) The facility owner or operator; or
(b) An oil spill response cooperative or maritime association in which the facility owner or operator is a participating member.
(4) Tank vessel plans may be submitted by:
(a) The tank vessel owner or operator;
(b) The owner or operator of a facility at which the tank vessel unloads cargo, in conformance with requirements under OAR 340-141-0150(1); or
(c) An oil spill response cooperative or maritime association in which the tank vessel owner or operator is a participating member.
(5) Cargo and passenger vessel plans may be submitted by:
(a) The vessel owner or operator;
(b) The agent for the vessel resident in this state;
(c) An oil spill response cooperative or maritime association in which the tank vessel owner or operator is a participating member; or
(d) A primary response contractor.
(6) Subject to the conditions imposed by the Department, the owner, operator, agent or a maritime association may submit a single contingency plan for cargo vessels or passenger vessels of a particular class.
(7) A single plan may be submitted for more than one facility or covered vessel owned by the same person, provided that the plan contents meet the requirements of OAR 340-141-0100 to 340-141-0230 for each facility, pipeline or covered vessel listed.
(8) The plan submitter may request that proprietary information be kept confidential under ORS 192.501(2). If a plan submitter wishes to claim that any provision in a plan is a trade secret, the submitter must specifically notify the Department of its claim and identify those provisions in the plan that are claimed to be trade secrets.
Stat. Auth.: ORS 468.020, ORS 468B.395
Stats. Implemented: ORS 468B.355
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0190
Plan Review
(1) Upon receipt of a plan, the Department will promptly evaluate the plan for completeness. If the Department determines that a plan is incomplete, the submitter will be notified of deficiencies. The review period will not begin until the Department receives a complete plan. The Department will allow 30 days for the submitter to supply the missing components of the plan. After 30 days the plan will be returned without approval to the submitter.
(2) The Department will notify interested persons of any contingency plans under review by the Department, and make such plans available for review to ODFW, DLCD, the State Fire Marshal and any interested person. The Department will provide a 30-day period for agencies and other interested persons to comment on a plan.
(3) A Plan will be approved if, in addition to meeting criteria in OAR 340-141-0100 through 340-141-0170, it demonstrates that when implemented, it will:
(a) Provide for prompt and proper response to and cleanup of a variety of spills, including average most probable spills and worst case spills;
(b) Provide for prompt and proper protection of the environment from oil spills;
(c) Provide for immediate notification and mobilization of resources upon discovery of a spill; and
(d) Provide for initial deployment of response equipment and personnel at the site of the spill within one hour of discovery for facilities and two hours of discovery for covered vessels given suitable safety conditions.
(4) When reviewing plans, the Department will, in addition to the above criteria, consider the following:
(a) The volume and type of oil(s) addressed by the plan;
(b) The history and circumstances of prior spills by similar types of facilities, including spill reports by Department spill responders;
(c) The presence of operating hazards;
(d) The sensitivity and value of natural resources within the Oil Spill Response Planning Zones and geographic area covered by the plan;
(e) Any pertinent local, state, federal agency or public comments received on the plan; and
(f) The extent that reasonable, cost-effective spill prevention measures have been incorporated into the plan.
(5) The Department may approve a plan without a full review pursuant to this rule if that plan has been approved by a federal agency or other state using approval criteria that equal or exceed those of the Department.
(6) The Department will endeavor to notify the facility or covered vessel owner or operator within five working days after the review is completed whether the plan has been approved.
(7) If the plan is approved, the facility or covered vessel owner or operator will receive a certificate of approval describing the conditions of approval, including an expiration date not to exceed five years.
(8) The Department may approve a plan conditionally by requiring the owner or operator of a facility or covered vessel owner or operator to operate with specific precautionary measures until unacceptable components of the plan are resubmitted and approved.
(a) Precautionary measures may include, but are not limited to, placing spill containment boom around all vessels during oil transfers, reducing oil transfer rates, increasing personnel levels, or restricting operations to daylight hours. Precautionary measures may also include additional requirements to ensure availability of response workers and equipment.
(b) A plan holder will have 30 calendar days after the Department gives notification of conditional status to submit and implement required changes to the Department, with the option for an extension at the Department's discretion. Plan holders who fail to meet conditional requirements or provide required changes in the time allowed will lose conditional approval status.
(c) The Department may use plan approval with conditions as an alternate to rejecting a plan with minor defects.
(9) If plan approval is denied, the owner or operator of the facility or covered vessel will be given a written explanation of the Department's reasons for disapproval and a list of actions needed to gain approval. The facility or covered vessel must not commence or continue oil storage, transport, transfer, production or other operations until a plan for that facility or covered vessel has been approved.
(10) If a plan holder demonstrates an inability to comply with an approved contingency plan or otherwise fails to comply with requirements of this Division, the Department may, at its discretion:
(a) Place conditions on approval pursuant to section (8) of this rule; or
(b) Revoke its approval.
(11) Approval of a plan by the Department does not constitute an express assurance regarding the adequacy of the plan or constitute a defense to liability imposed under state law.
(12) A plan holder may request a hearing on the Department's decision under OAR chapter 340, division 11.
Stat. Auth.: ORS 468.020, ORS 468B.390
Stats. Implemented: ORS 468B.365
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0200
Drills, Exercises, and Inspections
(1) The Department 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, the Department may require that the plan holder successfully conduct drills of the elements of a plan submitted for approval.
(3) Requirements under sections (1) and (2) of this rule may be met:
(a) By drills led by other state, local or federal authorities, if the Department finds that the criteria for drill execution and review equal or exceed those of the Department;
(b) By drills initiated by the plan holder, if the Department participates, reviews and evaluates the drill, and if the Department finds that the drill adequately tests the plan; or
(c) By responses to actual spill events, if the Department participates, reviews and evaluates the spill response, and if the Department finds that the spill event adequately tests the plan.
(4) The Department may excuse a primary response contractor from full deployment participation in more than one drill if, in the past 12 months, the primary response contractor has performed to the Department's satisfaction in a full deployment drill in an exercise listed in section (3) of this rule or has satisfactorily responded to a significant spill event in Oregon.
(5) The Department may require the facility or covered vessel owner or operator to participate in additional drills beyond those required in section (1) of this rule if the Department is not satisfied with the adequacy of the plan or plan implementation during exercises or spill response events.
(6) The Department will review the degree to which the specifications of the plan are implemented during the drill. The Department will endeavor to notify the facility or covered vessel owner or operator of the review results within 30 calendar days following the drill. If the Department finds deficiencies in the plan, the Department will report those deficiencies to the plan holder and require the plan holder to make specific amendments to the plan pursuant to requirements of OAR 340-141-0220.
(7) The Department may publish an annual report on plan drills, including a summary of response times, actual equipment and personnel use, recommendations for plan requirement changes and industry response to those recommendations.
(8) The Department may require the plan holder to publish an annual report on plan drills including a summary of response times, active equipment and personnel use and recommendations for improvement.
(9) The Department may verify compliance with this Division by unannounced inspections in accordance with ORS 468B.370.
Stat. Auth.: ORS 468.020, ORS 468B.390
Stats. Implemented: ORS 468B.370 - ORS 468B.380
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
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 copy of the plan and keep it in a conspicuous and accessible location.
(2) A field document prepared under OAR 340-141-0130(5) must be available to all appropriate personnel. Each covered vessel covered by the plan must possess a copy of the field document and keep it in a conspicuous and accessible location.
(3) A facility or covered vessel owner or operator or their designee must implement the plan in the event of a spill. The owner or operator of the facility or covered vessel must receive approval from the Department before it conducts any major aspect of the spill response contrary to the plan unless:
(a) Such actions are necessary to protect human health and safety;
(b) Such actions must be performed immediately in response to unforeseen conditions to avoid additional environmental damage; or
(c) The plan holder has been directed to perform such actions by the Department or the United States Coast Guard.
Stat. Auth.: ORS 468.020, ORS 468B.345 - ORS 468B.390
Stats. Implemented: ORS 468B.345 - ORS 468B.390
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0220
Plan Update Timeline
(1) The Department 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 or operator from carrying out the requirements of the plan in the time specified in the Oil Spill Contingency Response Planning Standards for the Zones or sub-Zones of operation. 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 the Department of significant changes constitutes noncompliance with this rule as well as an inability to comply with an approved plan under OAR 340-141-0210(3).
(2) If the Department finds that, as a result of a change, the plan no longer meets approval criteria pursuant to OAR 340-141-0190, the Department may, in its discretion, place conditions on approval, require additional drills or inspections or revoke approval in accordance with OAR 340-141-0190(8). 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 or operator of the facility or covered vessel must distribute the amended pages of the plan to the Department and other plan holders.
(4) Plans must be reviewed by the Department every five years pursuant to ORS 468B.345(3). Plans must be submitted for reapproval unless the plan holder submits a letter requesting that the Department review the plan already in the Department's possession. The plan holder must submit the plan or such a letter at least 90 calendar days before expiration of the plan.
(5) The Department may review a plan following any spill for which the plan holder is responsible.
(6) The Department may require plan holders of approved plans to renew the signed letter of intent required by OAR 340-141-0100 annually to confirm that there has been no change to the plan or the plan holder's commitment to its use.
Stat. Auth.: ORS 468.020, ORS 468B.345 - ORS 468B.390
Stats. Implemented: ORS 468B.345 - ORS 468B.365
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
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 response plan approved by the Department.
(2) No person may cause or permit the operation of a facility or covered vessel without proof of financial responsibility in compliance with ORS 468B.390, which requires the equivalent of the federal requirement.
(3) Any violation of this division will be subject to the enforcement and penalty provisions of ORS 468.140, and OAR 340 division 012.
Stat. Auth.: ORS 468.020, ORS 468B.345 - ORS 468B.390
Stats. Implemented: ORS 468B.345 - ORS 468B.390
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0240
Equipment Mutual Aid
(1) The Department 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) The Department's preapproval may include:
(a) Waiver of response times specified in a plan; or
(b) Conditions specified by the Department regarding, but not limited to, notification to the Department, return or replacement of equipment, materials or personnel and measures necessary to prevent or reduce the potential for discharges during the period of reduced response capability.
(3) Preapproval under this rule does not require plan modification or update.
Stat. Auth.: ORS 468.020, ORS 468B.345 - ORS 468B.390
Stats. Implemented: ORS 468B.365
Hist.: DEQ 2-2003, f. & cert. ef. 1-31-03
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