Or. Admin. R. 340-141-0140 - Plan Content Requirements
(1)
Submittal Agreement. Each plan must contain a submittal agreement that:
(a) Includes the name, address and phone
number of the submitting party;
(b)
Verifies acceptance of the plan, including any incorporated contingency plans,
by the owner or operator of the facility or covered vessel by either signature
of the owner or operator or a person with authority to bind the corporation
that owns or operates the facility or covered vessel;
(c) Commits to execution of the plan,
including any incorporated contingency plans, by the owner or operator of the
facility or covered vessel, and verifies authority for the plan holder to make
appropriate expenditures in order to execute plan provisions; and
(d) Includes:
(A) In the case of a facility, the name,
location including latitude, longitude and river mile, and address of the
facility, type of facility, starting date of operations, types of oils (see
definition of oil) handled, volume of oil stored and maximum volume of oil
capable of being stored.
(B) In the
case of a covered vessel, the vessel's name, the name, location and address of
the owner or operator, official identification code or call sign, country of
registry, common ports of call in Oregon, type of oils (see definition of oil)
handled, volume of oil transported as fuel and expected period of operation in
state waters.
(C) In the case of a
covered vessel enrolled in a cooperative or maritime association plan, the
vessel may provide evidence of coverage in lieu of paragraph (B) of this
subsection.
(2) Amendments. Each plan must include a log
sheet to record amendments to the plan. The log sheet must be placed at the
front of the plan. The log sheet must provide for a record of the section
amended, the date that the old section was replaced with the amended section,
verification that DEQ was notified of the amendment under OAR 340-141-0220(3)
and the initials of the individual making the change. A description of the
amendment and its purpose must also be included in the log sheet, or filed in
the form of an amendment letter immediately after the log sheet.
(3) Table of Contents. Each plan must include
a detailed table of contents based on chapter, section, appendix numbers and
titles and tables and figures. If the plan is an integrated plan used to also
satisfy USCG and USEPA requirements, a cross reference must be
included.
(4) Purpose and Scope.
Each plan must describe the purpose and scope of that plan, including:
(a) The region of operation covered by the
plan;
(b) The onshore facility,
offshore facility or covered vessel operations covered by the plan;
and
(c) The size and type of the
average most probable spill and the worst case spill from the facility or
covered vessel.
(5)
Updates. Each plan must describe the events or time periods that will trigger
updates of the plan.
(6)
Implementation Strategy. Each plan must present a strategy for ensuring use of
the plan for spill response and cleanup operations as required by OAR
340-141-0210.
(7) Spill Response
System. Each plan must describe the organization of the spill response system,
including all task assignments anticipated by the end of the first full
operational period, or necessary to manage the resources required by the 12
hour planning standard, given a response to an Average Most Probable Discharge.
Plans must use a National Incident Management System (NIMS) incident management
system, as described in the Northwest Area Contingency Plan (NWACP).
(8) Contractor Identification. Each plan must
identify the primary response contractor and subcontractors (except equipment
rentals or supply vendors) whose services are bound to the plan by a contract
or other approved means:
(a) If a plan holder
is a member of an oil spill response cooperative and relies on that cooperative
to perform or supplement its response operations within the regions of
operations covered by the plan, the plan must state the cooperative's name,
address, phone number and response capability. The plan must also include proof
of cooperative membership; or
(b)
If a plan holder is not a member of an oil spill response cooperative, for each
contractor, the plan must state that contractor's name, address, phone number
or other means of contact at any time of the day, and response capability
(e.g., land spills only). For each contractor, the plan must include a letter
of intent signed by the contractor which indicates the contractor's commitment
to respond within the specified time period, with personnel and equipment
listed in (12) and (13) of this section. Copies of written contracts or
agreements with contractors must be available for inspection, if requested by
DEQ.
(9) Relationship to
Other Plans. Each plan must briefly describe its relation to all applicable
local, state, regional and federal government spill response plans. The plan
must describe how the plan holder's response organization will be integrated
into the Northwest Area Contingency Plan.
(10) Spill Detection. Each plan must list
procedures that will be used to detect and document the presence and size of a
spill, including methods which are effective during low visibility conditions.
The plan must also describe the use of mechanical or electronic monitoring or
alarm systems (including threshold sensitivities) used to detect oil discharges
into adjacent land or water from tanks, pipes, manifolds and other transfer or
storage equipment.
(11)
Notifications. Each plan must describe procedures that will be taken to
immediately notify appropriate parties that a spill has occurred.
(a) The plan holder must maintain a
notification call out list that must be available for inspection upon the
request of DEQ, and that:
(A) Provides a
contact at any time of the day for all spill response personnel identified
under section (7) of this rule, including the contact's name, position title,
phone number or other means of contact for any time of the day, and an
alternate contact in the event the individual is unavailable;
(B) Lists the name and phone number of all
government agencies that must be notified in the event of an oil spill under
ORS
466.635;
and
(C) Establishes a clear order
of priority for immediate notifications.
(b) The plan must identify a central
reporting office or individual who is responsible for implementing the call out
process.
(12) Response
Personnel. Each plan must describe the personnel, including contract personnel
available, to respond to an oil spill, including:
(a) A job description for each type of spill
response position needed as indicated in the spill response organization scheme
addressed in section (7) of this rule, or a reference to a recognized NIMS
position;
(b) The number of
personnel available to perform the duties of each type of spill response
position;
(A) This number must be equal to or
greater than the number of persons necessary to sustain a response to the worst
case spill defined in the plan.
(B)
If 24 hour operations are expected, the number of persons available to staff
the ICS must be multiplied by the proposed number of operational periods
(shifts).
(c)
Arrangements for pre-positioning personnel at strategic locations that will
meet criteria under OAR 340-141-0190(3)(d); and
(d) The type and frequency of spill response
operations and safety training that each individual in a spill response
position receives to attain the level of qualification demanded by their job
description.
(13)
Equipment and spill response resources. Each plan must describe equipment and
spill resources as follows:
(a) Each plan must
list all resident equipment and resident dedicated response vessels used for
oil containment, recovery, removal, shoreline and adjacent lands cleanup and
wildlife rescue and rehabilitation. Each plan must also list all relied upon
communication tools. DEQ will accept information about equipment by reference
if the equipment is being provided through a primary response contractor as
part of the plan. DEQ may request information about the condition and date of
manufacture of any listed and referenced equipment to further evaluate its
applicability to the planning standards or a response.
(b) For resident equipment and vessels listed
under subsection (a) of this section that are not owned by or available
exclusively to the plan holder, the plan must also estimate the extent that
other contingency plans rely on the same equipment.
(c) For all resident oil containment and
recovery equipment, the plan also must include equipment make and model, the
manufacturer's nameplate capacity of the response equipment, the EDRC (in
barrels per day) and applicable design limits (e.g., maximum wave height
capability, suitability for inland waters or open ocean).
(d) Based on information described in
subsection (c) of this section, the plan must state the maximum amount of oil
that could be recovered per 24-hour period with the equipment used as it is
designed.
(e) For purposes of
determining plan adequacy under OAR 340-141-0190, and to assess realistic
capabilities based on potential limitations by weather, sea state, and other
variables, DEQ will use the data presented in subsections (c) and (d) of this
section to apply a higher efficiency factor for equipment listed in a plan if
that plan holder provides adequate evidence that the higher efficiency factor
is warranted for particular equipment or if the United States Coast Guard has
approved a higher efficiency rating.
(f) The plan must provide arrangements for
pre-positioning of oil spill response equipment at strategic locations that
will meet response time criteria under OAR 340-141-0190(3)(d).
(g) When calculating the delivery time of
equipment to a spill staging area, the plan must use travel speeds consistent
with federal speed predictions for the equipment being moved.
(14) Communications. Each plan
must describe the communication systems used for spill notification and
response operations, including:
(a)
Communication procedures that identify who will be responsible for the
function, to whom and from whom communication will be established and any
special instructions;
(b) The
communication function (e.g., ground-to-air) assigned to each channel or
frequency used;
(c) The maximum
geographic range for each type of communications equipment used; and
(d) The communication system compatibility
with key spill response agencies.
(15) Response Operation Sites. Each plan must
describe the process used by the plan holder to establish sites needed for
spill response operations, including location or location selection criteria
for an incident command post, a communications center if located away from the
command post and equipment and personnel staging areas.
(16) Response Flow Chart or Timeline. Each
plan must describe the response process by:
(a) Presenting a flowchart or decision tree
describing the procession of each major stage of spill response operations from
spill discovery to completion of cleanup. The flowchart or decision tree must
describe the general order and priority in which key spill response activities
are performed; and
(b) Describing
all key spill response operations in checklist forms, to be used by spill
response managers in the event of an oil spill.
(17) Authorities. Each plan must describe
responsible authorities by:
(a) Listing the
local, state and other government authorities responsible for the emergency
procedures peripheral to spill containment and cleanup; and
(b) Describing the plan holder's role in
these emergency operation procedures before the proper authorities arrive,
including but not limited to, control of fires and explosions, rescue
activities, access restriction to the spill impact area and site
security.
(18) Damage
Control. Each plan must describe equipment and procedures to be used by the
facility or covered vessel personnel to minimize the magnitude of the spill and
minimize structural damage that could increase the quantity of oil spilled.
(a) For facilities, damage control procedures
must include methods to slow or stop pipeline, storage tank, and other leaks,
and methods to achieve immediate emergency shutdown.
(b) For tank vessels, damage control
procedures must include methods and onboard equipment to achieve vessel
stability and prevent further vessel damage, slow or stop pipe, tank, and other
leaks and achieve emergency shutdown during oil transfer.
(c) For other covered vessels, damage control
procedures must address methods to achieve vessel stability and slow or stop
leaks from fuel tanks and lines.
(19) Containment. Each plan must describe, in
detail, any nonstandard methods specific to the plan to contain spilled oil and
recover it from the environment. When a plan calls for the use of methods that
have not been expressly approved by DEQ, the description of the proposed
options must include:
(a) The surveillance
methods expected to be used to detect and track the extent and movement of the
spill; and
(b) A description of
methods to be used to contain and remove oil that will be effective for
environmentally sensitive locations included in the Zone, or Zones, for which
the plan is written.
(20) Response Time. Each plan must briefly
describe initial equipment and personnel deployment activities that will
accomplish the response standard listed in OAR 340-141-0190(e)(d) and provide:
(a) An estimate of the actual execution
time;
(b) The specific location in
the Zone where the resident required response equipment is stored;
and
(c) The source and management
of personnel to deploy the initial response equipment.
(21) Chemical Agents. If the plan holder
proposes to use dispersants, coagulants, bioremediants or other chemical agents
for response operations under certain conditions, the plan must describe:
(a) Type and toxicity of chemicals,
supplemented with material safety data sheets (MSDS) for each
product;
(b) The conditions under
which the chemicals will be applied, in conformance with all applicable local,
state and federal requirements, including the Northwest Area Contingency plan
and OAR 340-141-0020;
(c) Methods
of deployment; and
(d) Location and
accessibility of supplies and deployment equipment.
(22) In Situ-Burning. If the plan holder
proposes to use in-situ burning for response operations, the plan must
describe:
(a) Type of burning
operations;
(b) Conditions under
which burning will be applied in conformance with all applicable local, state
and federal requirements, including the Northwest Area Contingency plan and OAR
340-264-0030 to 0040;
(c) Methods
of application; and
(d) Location
and accessibility of supplies and deployment equipment.
(23) Environmental Protection. Each plan must
describe how environmental protection will be achieved, including:
(a) Protection of sensitive shoreline and
inland habitat by diverting or blocking oil movement;
(b) Priorities for sensitive area protection
in the region of operation covered by the plan as provided in a Geographic
Response Strategy of the Northwest Area Contingency Plan, or designated by
DEQ;
(c) Rescue and rehabilitation
of birds, marine mammals and other wildlife contaminated or otherwise affected
by the oil spill; and
(d) Measures
taken to reduce damages to the environment caused by shoreline and adjacent
land cleanup operations.
(24) Interim Storage. Each plan that has
identified that oil will be recovered must plan for the storage of the oil and
combined oily waste material potentially created.
(a) Each plan must describe site criteria and
methods used for interim storage of oil recovered and oily wastes generated
during response and cleanup operations, including sites available within the
facility. Interim storage methods and sites must be designed to prevent
contamination of the storage area by recovered oil and oily wastes.
(b) If use of interim storage sites will
require approval by local, state or federal officials, the plan must include
information that could expedite the approval process, including a list of
appropriate contacts and a brief description of procedures to follow for each
applicable approval process.
(c)
Interim storage and permanent disposal methods and sites must be sufficient to
sustain support for oil recovery operations and manage the entire volume of oil
recovered and oily wastes generated.
(d) Interim storage and permanent disposal
methods and sites must comply with all applicable local, state and federal
requirements.
(25)
Health and Safety. Each plan must describe procedures to protect the health and
safety of oil spill response workers, and other individuals on-site. Provisions
for training, decontamination facilities, safety gear and a safety officer
position must be addressed.
(26) A
description of steps taken for air monitoring to protect responders and the
public including:
(a) A description of air
monitoring procedures for the work site,
(b) A description of air monitoring
procedures for the surrounding area (including surrounding
communities),
(c) A description of
a communication plan to inform communities of any risks,
(d) A plan to identify shelter in place and
evacuation procedures
(27) Post Spill Review. Each plan must
explain post-spill review procedures, including methods to review both the
effectiveness of the plan and the need for plan amendments. Post-spill
procedures must provide for a debriefing with DEQ that will include any newly
recognized need to amend the plan and list of any other lessons
learned.
(28) Drills and Exercises.
All approved plans must be verified by drills and exercises. Each plan must
describe the schedule and type of drills and other exercises that will be
practiced to ensure readiness of the plan elements, including drills that
satisfy OAR 340-141-0200 (3).
(a) The plan
holder must test and document internal call out procedures at least once every
90 calendar days. The plan holder must retain records of these drills for at
least three years and make them available for DEQ review upon
request.
(b) The plan holder must
notify DEQ of drills and exercises, at least 60 days before full deployment and
tabletop drills, and 10 days prior to equipment exercises. Prior notice to DEQ
is not required before notification drills and internal phone number
verification exercises.
(c) The
plan holder must send post drill reports for all tabletop exercises or
deployment drills to DEQ no later than 60 days after the completion of the
drill or exercise. The executive summary from a National Preparedness for
Response Exercise Program (NPREP) report may be submitted to meet this
requirement when the exercise has been designed by the NPREP staff.
(29) Risk Variables. Each plan
must list the spill risk variables within the region of operation covered by
the plan, including:
(a) Each plan for a
facility must list the following:
(A) Types,
physical properties and amounts of oil handled;
(B) A written description and map indicating
site topography, stormwater and other drainage systems, mooring areas,
pipelines, tanks, and other oil processing, storage and transfer sites and
operations;
(C) A written
description of sites or operations with a history of or high potential for oil
spills, including key areas that pose significant navigation risk within the
region of operation covered by the plan; and
(D) Methods to reduce spills during transfer
operations, including overfill prevention.
(b) Each plan for a covered vessel must list
the following:
(A) Types, physical properties
and amounts of oil handled;
(B) A
written description and diagram showing cargo, fuel and ballast tanks; and
piping, power plants and other oil storage and transfer sites and operations;
and
(C) A written description of
operations with a history of or high potential for oil spills, including key
areas that pose significant navigation risks within the region of operation
covered by the plan.
(30) Environmental Variables. Each plan must
list the environmental variables within the region of operation covered by the
plan. Facility plans required to include river or coastal areas must identify
the environmental variables from the probable point of release to the point the
oil could travel in 24 hours in a current of four knots. Vessel contingency
plans must encompass the entire length of the Oregon waterway in the Zone or
sub-Zone entered. All plans must describe:
(a)
Natural resources, including coastal and aquatic habitat types and sensitivity
by season, breeding sites, presence of state or federally listed endangered or
threatened species and presence of commercial and recreational
species;
(b) Public resources,
including public beaches, water intakes, drinking water supplies and
marinas;
(c) Seasonal hydrographic
and climatic conditions; and
(d)
Physical geographic features, including relative isolation of coastal regions,
beach types, and other geological characteristics. Plans may reference numbered
Geographic Response Plan strategies (GRPs) in the Northwest Area Contingency
Plan when identifying individual environmental features.
(31) Logistical Resources. Each plan must
list the logistical resources within the region of operation covered by the
plan, including facilities for fire services, medical services and
accommodations; and shoreline access areas, including boat launches.
(32) Response Strategy Outline. Each plan
must include a statement of the intended response activities. This statement
must describe how the plan resources must be applied to adequately respond
during the initial phase of the response to an average most probable and worst
case spill, release or discharge. The Response Strategy Outline must begin with
a description of the situation to be managed, and must describe:
(a) Deployment of resources and estimates of
response times;
(b) The intended
result of the activity for each person listed in section (7) and (12) of this
section;
(c) Command and control
arrangements;
(d) Required
coordination; and
(e) Probable
obstacles and an estimate of oil movement during the first 72 hours.
(33) Financial Responsibility.
Each plan must provide evidence that the facility or vessel is in compliance
with federal financial responsibility requirements under ORS
468B.390.
(34) Technical Terms Glossary. Each plan must
include a glossary of technical terms and abbreviations used in the
plan.
Notes
Statutory/Other Authority: ORS 468.020 & 468B.395
Statutes/Other Implemented: ORS 468B.345 - 468B.390
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