WSR 06-20-035

PERMANENT RULES

DEPARTMENT OF ECOLOGY


[ Order 00-03 -- Filed September 25, 2006, 11:56 a.m. , effective October 26, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: In addition to meeting the intent of the law and actively involving the community in this rule-making process, ecology established four general goals for this rule process: (1) Combine the facility and vessel preparedness requirements into one rule; (2) move ecology's planning standards and drill program from guidance into the rule; (3) identify and address gaps in the current rule/preparedness system; and (4) maximize the effectiveness of the existing preparedness system. This rule making will adopt a new rule, chapter 173-182 WAC, Oil spill contingency planning. This new chapter will replace the following existing chapters on oil spill contingency planning, chapters 173-181 and 317-10 WAC. Ecology plans to repeal these existing chapters at a later date.

Statutory Authority for Adoption: Chapters 88.46 and 90.56 RCW.

Other Authority: Chapter 90.48 RCW.

Adopted under notice filed as WSR 06-12-120 on June 7, 2006.

Changes Other than Editing from Proposed to Adopted Version: In response to comments received on the draft, the following changes were made from the proposed to the adopted version of the rule: Definitions were added to clarify requirements; clarified roles and liability of responsible parties and umbrella plan holders; reduced from three to two the number of plans required to be submitted for review and approval; clarified in the binding agreement that plan holders shall commit to immediate responses in Washington; changed the number of primary and alternate names to be provided for a spill management team; increased the timeframe for nondedicated workboats from twelve to forty-eight hours; clarified our intent for aerial surveillance to support spill responses; increased the amount of storage that inland operators can claim as shore side storage; clarified the intent of response systems and their effective daily recovery capacity; adopted the federal standards for shoreline cleanup; clarified the ground water assessment standards recognizing that other rules exist to determine mitigation requirements; increased the time required to submit requests for drill credit for oil spills; added a requirement that ecology will notify plan holders if the approval status of responses contractors is affected due to significant changes in readiness. For more details on these changes please see the concise explanatory statement prepared by the agency.

A final cost-benefit analysis is available by contacting Cathy Caruthers, Department of Ecology, P.O. Box 47600, Lacey, WA 98504, phone (360) 407-6564, fax (360) 407-7288, e-mail caca461@ecy.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 14, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 13, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 46, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 46, Amended 0, Repealed 0.

Date Adopted: September 25, 2006.

Jay J. Manning

Director

OTS-8863.7

Chapter 173-182 WAC

OIL SPILL CONTINGENCY PLAN

PART I: PURPOSE, AUTHORITY, APPLICABILITY AND DEFINITIONS
NEW SECTION
WAC 173-182-010   Purpose.   The purpose of this chapter is to establish covered vessel and facility oil spill contingency plan (Part II) and drill and equipment verification requirements (Part III), primary response contractor standards (Part IV) and recordkeeping and compliance information (Part V). The provisions of this chapter, when followed, should be implemented and construed so that they will:

(1) Maximize the effectiveness and timeliness of oil spill response by plan holders and response contractors;

(2) Ensure continual readiness, maintenance of equipment and training of personnel;

(3) Support coordination with state, federal, and other contingency planning efforts; and

(4) Provide for the protection of Washington waters, natural, cultural and significant economic resources by minimizing the impact of oil spills.

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NEW SECTION
WAC 173-182-015   Applicability.   (1) This chapter applies to owners and operators of onshore and offshore facilities and covered vessels required to submit oil spill contingency plans under chapters 90.56 and 88.46 RCW.

(2) This chapter applies to Washington nonprofit corporations, their enrolled members, and agents that submit plans on behalf of onshore and offshore facilities and covered vessels.

(3) This chapter applies to response contractors that must be approved by ecology before they may serve as primary response contractors for a contingency plan.

(4) This chapter does not apply to public vessels as defined by this chapter, mobile facilities or to spill response vessels that are exclusively dedicated to spill response activities when operating on the waters of this state.

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NEW SECTION
WAC 173-182-020   Authority.   RCW 88.46.060, 88.46.070, 88.46.080, 88.46.090, 88.46.100, 88.46.120, 88.46.160, 90.48.080, 90.56.050, 90.56.060, 90.56.210, 90.56.240, 90.56.270, 90.56.280, 90.56.310, 90.56.320, 90.56.340, and chapter 316, Laws of 2006, provide statutory authority for the contingency plan preparation and review requirements, drill and response contractor standards established by this chapter for onshore and offshore facilities and covered vessels.

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NEW SECTION
WAC 173-182-030   Definitions.   (1) "Boom" means flotation boom or other effective barrier containment material suitable for containment, protection or recovery of oil that is discharged onto the surface of the water. Boom also includes the associated support equipment necessary for rapid deployment and anchoring appropriate for the operating environment. Boom will be classified using criteria found in the 2000 ASTM International F 1523-94 (2001) and ASTM International F 625-94 (Reapproved 2000), and the Resource Typing Guidelines found in chapter 13 of the 2000 Oil spill field operations guide.

(2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

(3) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred or more gross tons, including but not limited to commercial fish processing vessels and freighters.

(4) "Cascade" means to bring in equipment and personnel to the spill location in a succession of stages, processes, operations, or units.

(5) "Contract or letter summarizing contract terms" means:

(a) A written contract between a plan holder and a primary response contractor or proof of cooperative membership that identifies and ensures the availability of specified personnel and equipment within stipulated planning standard times; or

(b) A letter that identifies personnel, equipment and services capable of being provided by the primary response contractor within stipulated planning standard times; acknowledges that the primary response contractor intends to commit the identified resources in the event of an oil spill.

(6) "Covered vessel" means a tank vessel, cargo vessel (including fishing and freight vessels), or passenger vessel required to participate in this chapter.

(7) "Dedicated" means equipment and personnel committed to oil spill response, containment, and cleanup that are not used for any other activity that would make it difficult or impossible for that equipment and personnel to provide oil spill response services in the time frames specified in this chapter.

(8) "Demise charter" means that the owner gives possession of the ship to the charterer and the charterer hires its own master and crew.

(9) "Director" means the director of the state of Washington department of ecology.

(10) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

(11) "Dispersant" means those chemical agents that emulsify, disperse, or solubilize oil into the water column or promote the surface spreading of oil slicks to facilitate dispersal of the oil into the water column.

(12) "Effective daily recovery capacity" (EDRC) means the calculated capacity of oil recovery devices that accounts for limiting factors such as daylight, weather, sea state, and emulsified oil in the recovered material.

(13) "Ecology" means the state of Washington department of ecology.

(14) "Facility" means:

(a) Any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that:

(i) Transfers oil in bulk to or from a tank vessel or pipeline; and

(ii) Is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

(b) A facility does not include any:

(i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state;

(ii) Underground storage tank regulated by ecology or a local government under chapter 90.76 RCW;

(iii) Motor vehicle motor fuel outlet;

(iv) Facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; or

(v) Marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

(15) "Geographic Response Plans (GRP)" means response strategies published in the Northwest Area Contingency Plan.

(16) "Gross tons" means a vessel's approximate volume as defined under Title 46, United States Code of Federal Regulations, Part 69.

(17) "Incident command system (ICS)" means a standardized on-scene emergency management system specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries.

(18) "In situ burn" means a spill response tactic involving controlled on-site burning, with the aid of a specially designed fire containment boom and igniters.

(19) "Interim storage" means a site used to temporarily store recovered oil or oily waste until the recovered oil or oily waste is disposed of at a permanent disposal site.

(20) "Maximum extent practicable" means the highest level of effectiveness that can be achieved through staffing levels, training procedures, deployment and tabletop drills incorporating lessons learned, use of enhanced skimming techniques and other best achievable technology. In determining what the maximum extent practicable is, the director shall consider the effectiveness, engineering feasibility, commercial availability, safety, and the cost of the measures.

(21) "Mobilization" means the time it takes to get response resources readied for operation and ready to travel to the spill site or staging area.

(22) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

(23) "Nondedicated" means those response resources listed by a primary response contractor for oil spill response activities that are not dedicated response resources.

(24) "Nonpersistent or group 1 oil" means a petroleum-based oil, such as gasoline, diesel or jet fuel, which evaporates relatively quickly. Such oil, at the time of shipment, consists of hydrocarbon fractions of which:

(a) At least fifty percent, by volume, distills at a temperature of 340C (645F); and

(b) At least ninety-five percent, by volume, distills at a temperature of 370C (700F).

(25) "Northwest Area Contingency Plan (NWACP)" means the regional emergency response plan developed in accordance with federal requirements. In Washington state, the NWACP serves as the statewide master oil and hazardous substance contingency plan required by RCW 90.56.060.

(26) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility, any part of which is located in, on, or under any land of the state, other than submerged land.

(27) "Oil" or "oils" means naturally occurring liquid hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline, and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by P.L. 99-499.

(28) "Oily waste" means oil contaminated waste resulting from an oil spill or oil spill response operations.

(29) "Onshore facility" means any facility, as defined in subsection (14) of this section, any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

(30) "Operating environments" means the conditions in which response equipment is designed to function. Water body classifications will be determined using criteria found in the ASTM Standard Practice for Classifying Water Bodies for Spill Control Systems.

(31) "Owner" or "operator" means:

(a) In the case of a vessel, any person owning, operating, or chartering by demise, the vessel;

(b) In the case of an onshore or offshore facility, any person owning or operating the facility; and

(c) In the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.

Operator does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

(32) "Passenger vessel" means a ship of greater than three hundred gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

(33) "Persistent oil" means petroleum-based oil that does not meet the distillation criteria for a nonpersistent oil. Persistent oils are further classified based on both specific and American Petroleum Institute (API) observed gravities corrected to 60F, as follows:

(a) Group 2 - specific gravity greater than or equal to 0.8000 and less than 0.8500. API gravity less than or equal to 45.00 and greater than 35.0;

(b) Group 3 - specific gravity greater than or equal to 0.8500, and less than 0.9490. API gravity less than or equal to 35.0 and greater than 17.5;

(c) Group 4 - specific gravity greater than or equal to 0.9490 and up to and including 1.0. API gravity less than or equal to 17.5 and greater than 10.00; and

(d) Group 5 - specific gravity greater than 1.0000. API gravity equal to or less than 10.0.

(34) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, co-partnership, association, firm, individual, or any other entity whatsoever.

(35) "Pipeline" means a pipeline connected to a facility, and not owned or operated by the facility referred to in subsection (14) of this section.

(36) "Pipeline tank farm" means a facility that is linked to a pipeline but not linked to a vessel terminal.

(37) "Plan" means oil spill response, cleanup, and disposal contingency plan for the containment and cleanup of oil spills into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills as required by RCW 90.56.210 and 88.46.060.

(38) "Planning standards" means goals and criteria that ecology will use to assess whether a plan holder is prepared to respond to the maximum extent practicable to a worst case spill. Ecology will use planning standards for reviewing oil spill contingency plans and evaluating drills.

(39) "Primary response contractor (PRC)" means a response contractor that has been approved by ecology and is directly responsible to a contingency plan holder, either by a contract or other approved written agreement.

(40) "Public vessel" means a vessel that is owned, or demise chartered, and is operated by the United States government, or a government of a foreign country, and is not engaged in commercial service.

(41) "Regional response list" means a regional equipment list established and maintained by spill response equipment owners in the northwest area.

(42) "Resident" means the spill response resources are staged at a location within the described planning area.

(43) "Responsible party" means a person liable under RCW 90.56.370.

(44) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

(45) "Spill" means an unauthorized discharge of oil which enters waters of the state.

(46) "Spill assessment" means determining product type, potential spill volume, environmental conditions including tides, currents, weather, river speed and initial trajectory as well as a safety assessment including air monitoring.

(47) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

(a) Operates on the waters of the state; or

(b) Transfers oil in a port or place subject to the jurisdiction of this state.

(48) "Transmission pipeline" means a pipeline whether interstate or intrastate, subject to regulation by the United States Department of Transportation under 49 C.F.R. 195, as amended through December 5, 1991, through which oil moves in transportation, including line pipes, valves, and other appurtenances connected to line pipe, pumping units, and fabricated assemblies associated with pumping units.

(49) "Transfer site" means a location where oil is moved in bulk on or over waters of the state to or from a covered vessel by means of pumping, gravitation, or displacement.

(50) "Recovery system" means a skimming device, storage work boats, boom, and associated material needed such as pumps, hoses, sorbents, etc., used collectively to maximize oil recovery.

(51) "Umbrella plan" means a single plan that covers multiple vessels or facilities.

(52) "Vessel terminal" means a facility that is located on marine or river waters and transfers oil to or from a tank vessel.

(53) "Waters of the state" means all lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

(54) "Worst case spill" means:

(a) For an offshore facility, the largest possible spill considering storage, production, and transfer capacity complicated by adverse weather conditions; or

(b) For an onshore facility, the entire volume of the largest above ground storage tank on the facility site complicated by adverse weather conditions, unless ecology determines that a larger or smaller volume is more appropriate given a particular facility's site characteristics and storage, production, and transfer capacity; or

(c) For a vessel, a spill of the vessel's entire cargo and fuel complicated by adverse weather conditions; or

(d) For pipelines, the size of the worst case spill is dependent on the location of pump stations, key block valves, geographic considerations, or volume of the largest breakout tank. The largest volume determined from three different methods, complicated by adverse weather conditions:

(i) The pipeline's maximum time to detect the release, plus the maximum shutdown response time multiplied by the maximum flow rate per hour, plus the largest line drainage volume after shutdown;

(ii) The maximum historic discharge from the pipeline; and

(iii) The largest single breakout tank or battery of breakout tanks without a single secondary containment system. Each operator shall determine the worst case discharge and provide the methodology, including calculations, used to arrive at the volume.

(55) "WRIA" means a water resource inventory area as defined in chapter 173-500 WAC.

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PART II: COVERED VESSEL AND FACILITY OIL SPILL CONTINGENCY PLANSSection A -- General Planning, Information and Timing
NEW SECTION
WAC 173-182-110   Authority to submit contingency plan.   (1) For tank vessels, a plan may be submitted by any of the following:

(a) The owner or operator of the tank vessel; or

(b) The owner or operator of the facilities at which the tank vessel will be unloading its cargo; or

(c) A Washington state nonprofit corporation established for the purpose of oil spill response and contingency plan coverage and of which the tank vessel owner or operator is a member; or

(d) A PRC contractually obligated to provide containment and cleanup services to the tank vessel company.

(2) For covered vessels other than tank vessels, a plan may be submitted by any of the following:

(a) The owner or operator of the covered vessel; or

(b) The agent for the covered vessel provided that the agent resides in this state; or

(c) A Washington state nonprofit corporation established for the purpose of oil spill response and contingency plan coverage and of which the covered vessel owner or operator is a member; or

(d) A PRC contractually obligated to provide containment and cleanup services to the covered vessel company.

(3) For facilities, a plan may be submitted by any of the following:

(a) The owner or operator of the facility; or

(b) A PRC contractually obligated to provide containment and cleanup services to the facility.

(4) One plan, or one umbrella plan, may be submitted for multiple covered vessels, and/or for multiple facilities, provided that the plan contents meet the requirements in this chapter for each covered vessel or facility.

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NEW SECTION
WAC 173-182-120   Submitting a contingency plan.   (1) Plan holders shall submit a plan to ecology no less than sixty-five days prior to the beginning of operations in Washington.

(2) The plan holder shall submit two copies of the plan and all appendices. However, if the plan and appendices are submitted with an acceptable use of electronic copy, the plan holder shall submit at least one paper copy.

(3) Once approved, plan holders shall resubmit their plans to ecology every five years for review and approval.

(4) The plans shall be delivered to:


Department of Ecology

Spill Prevention, Preparedness, and Response Program

Preparedness Section, Contingency Plan Review

Mailing address:

P.O. Box 47600

Olympia, WA 98504-7600

Physical Address:

300 Desmond Drive

Lacey, WA 98503

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NEW SECTION
WAC 173-182-130   Phase in language.   (1) This section applies to those plan holders who, on the effective date of this chapter, have approved or conditionally approved plans, and response contractors with approved applications.

(2) For existing approved facility plan holders:

(a) Plans holders for onshore facilities capable of storing one million gallons or more of oil shall submit a revised contingency plan to ecology six months after the effective date of this chapter; except, plan holders that received plan approval six months prior to the effective date of this chapter must submit a revised plan within twelve months of the effective date of this chapter. In submitting the revised plan, plan holders must include a compliance schedule describing how they will meet the requirements in WAC 173-182-310 through 173-182-440. Plan holders shall have eighteen months from the effective date of this chapter to reach compliance.

(b) All other onshore facilities shall submit revised plans to ecology within twelve months after the effective date of this chapter; except plan holders that received plan approval six months prior to the effective date of this chapter must submit a revised plan within eighteen months of the effective date of this chapter. In the revised plan, plan holders must include a compliance schedule describing how they will meet the requirements in WAC 173-182-310 through 173-182-440. Plan holders shall have twenty-four months from the effective date of this chapter to reach compliance.

(3) For existing approved vessel plan holders:

(a) Plan holders for tank vessels submit a revised contingency plan to ecology six months after the effective date of this chapter; except plan holders that received plan approval six months prior to the effective date of this chapter must submit a revised plan within twelve months of the effective date of this chapter. In the revised plan, plan holders must include a compliance schedule describing how they will meet the requirements in WAC 173-182-310 through 173-182-440. Plan holders shall have eighteen months from the effective date of this chapter to reach compliance.

(b) All other covered vessels shall submit revised plans to ecology within twelve months after the effective date of this chapter; except plan holders that received plan approval six months prior to the effective date of this chapter must submit a revised plan within eighteen months of the effective date of this chapter. In the revised plan, plan holders must include a compliance schedule describing how they will meet the requirements in WAC 173-182-310 through 173-182-440. Plan holders shall have twenty-four months from the effective date of this chapter to reach compliance.

(4) PRCs shall submit new applications to ecology within twelve months.

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NEW SECTION
WAC 173-182-140   Plan maintenance and reporting obligations.   (1) At least once annually, plan holders shall review the plan for accuracy and either:

(a) Update and distribute the amended page(s) of the plan to ecology for review and approval; or

(b) If no plan changes are needed, send a letter to ecology confirming that the existing plan is still accurate.

(2) If there is a temporary, significant change to response readiness, the plan holder shall notify ecology in writing within twenty-four hours and provide a schedule for the prompt return of the plan to full operational status. Changes which are considered significant include loss of equipment that affects the planning standards provided in the plan, or permanent loss of initial response personnel listed in command and general staff ICS positions provided in the plan or changes in normal operating procedures. A facsimile or electronic mail will be considered sufficient written notice.

(3) Failure to notify ecology of significant changes shall be considered noncompliance with this chapter.

(4) If the change to the plan is permanent, the plan holder then shall have thirty calendar days to distribute the amended page(s) of the plan to ecology for review.

(5) If ecology finds that, as a result of a change, the plan no longer meets approval criteria; ecology may place conditions on approval or revoke approval of the plan.

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NEW SECTION
WAC 173-182-145   Plan implementation procedures.   (1) Every plan holder, including each person whose vessel or facility enrolls in coverage under an umbrella plan, is required to implement the Washington approved plan throughout the response to a spill and drill. A decision to use a different plan must first be approved by the state and federal on-scene coordinators.

(2) Approval from ecology must be received before any significant aspect of the spill response is conducted in a manner contrary to the plan unless:

(a) Such actions are necessary to protect human health and safety; or

(b) Such actions must be performed immediately in response to unforeseen conditions to avoid additional environmental damage; or

(c) State and federal on-scene coordinators have directed such actions.

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NEW SECTION
WAC 173-182-150   Post-spill review and documentation procedures.   Plan holders are required to conduct post-spill review procedures to review both the effectiveness of the plan and make plan improvements. Debriefs with ecology and other participating agencies and organizations may be appropriate if: Unified command has been established during a spill; and are required when significant plan updates are identified or significant lessons can be recorded and implemented.

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Section B -- Contingency Plan Format and Content
NEW SECTION
WAC 173-182-210   Contingency plan format requirements.   (1) Plan holders shall format and maintain plans to maximize their usefulness during a spill. Information shall be readily accessible and plans will contain job aids, diagrams and checklists for maximum utility.

(2) Plans shall be divided into a system of numbered, tabbed chapters, sections and annexes/appendices. Each plan shall include a detailed table of contents based on chapter, section, and annex/appendix numbers and titles, as well as tables and figures.

(3) Plans shall be formatted to allow replacement of pages with revisions without requiring replacement of the entire plan.

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NEW SECTION
WAC 173-182-220   Binding agreement.   (1) Each plan shall contain a written statement binding the plan holder to its use. Form number ECY 070-217 may be used. The binding agreement shall be signed by the owner or operator, or a designee with authority to bind the owners and operators of the facility or vessel covered by the plan. The agreement is submitted with the plan and will include the name, address, phone number, and if appropriate the e-mail address, and web site of the submitting party.

(2) In the statement, the signator will:

(a) Verify acceptance of the plan and commit to a safe and immediate response to spills in Washington;

(b) Commit to having an incident commander in the state within six hours after notification of a spill;

(c) Commit to the implementation and use of the plan during a spill, and to the training of personnel to implement the plan; and

(d) Verify authority and capability of the plan holder to make necessary and appropriate expenditures in order to implement plan provisions.

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NEW SECTION
WAC 173-182-230   Contingency plan general content.   (1) Contingency plans must include all of the content in this section.

(2) In Washington state, the NWACP serves as the statewide master oil and hazardous substance contingency plan required by RCW 90.56.060. Plan holders shall write plans that refer to and are consistent with the NWACP.

(3) All contingency plans must include the following:

(a) Each plan shall state the federal or state requirements intended to be met by the plan.

(b) Each plan shall state the size of the worst case spill.

(i) For transmission pipelines, more than one worst case spill volume for different line sections on the entire pipeline may be submitted to ecology for consideration.

(ii) For vessel umbrella plans, a worst case volume for each port of operation may be submitted to ecology for consideration, if the operations of enrolled vessels differ by port.

(iii) For multiple facilities using a single umbrella plan, separate worst case spill volumes are required for each facility.

(c) Each plan shall have a log sheet to record revisions and updates to the plan. The log sheet shall identify each section amended, including the date of the amendment, verification that ecology was notified and the name of the authorized person making the change. A description of the amendment and its purpose shall also be included in the log sheet, or filed as an amendment letter to be inserted in the plan immediately after the log sheet.

(d) Each plan shall have a cross-reference table reflecting the locations in the plan of each component required by this chapter.

(e) Each plan shall have the PRC's name, address, phone number, or other means of contact at any time of the day.

(i) A contract or letter summarizing the terms of the contract signed by the PRC, shall be included in the plan.

(ii) If the contract is not submitted, that document shall be available for inspection, if requested by the department.

(iii) For mutual aid agreements that a plan holder relies on to meet the planning standards, the plan shall include a copy of the agreement and describe the terms of that document in the plan.

(iv) If a plan holder relies on a PRC or other contractor to staff ICS positions for the spill management team, then the commitment must be specified in writing.

(f) Each plan must contain the procedures to track and account for the entire volume of oil recovered and oily wastes generated and disposed of during spills. The responsible party must provide these records to ecology upon request.

(4) Additional facility plan content.

Facility plans shall include:

(a) The name, location, type and address of the facility;

(b) Starting date of operations;

(c) Description of the operations covered by the plan:

(i) List the oil handling operations that occur at the facility location.

(ii) List by group and amount the oil handled.

(iii) Include a written description and map indicating site topography, storm water and other drainage systems, mooring areas, pipelines, tanks, and other oil processing, storage, and transfer sites and operations.

(iv) A description of the geographic area that could be impacted from a spill at the location based on a forty-eight hour worst case spill trajectory analysis.

(5) Additional vessel plan content:

(a) Name of each vessel covered under the plan;

(b) The name, location, and address of the owner or operator;

(c) Official identification code or call sign;

(d) Country of registry;

(e) All ports of call or areas of expected operation in Washington waters;

(f) Type of oil(s) handled (group);

(g) Oil volume capacity by group;

(h) Description of the operations covered by the plan.

Include a written description and diagram indicating cargo, fuel, and ballast tanks and piping, power plants, and other oil storage and transfer sites and operations.

(6) Special exemptions for vessel umbrella plans shall, at a minimum, include the following:

(a) In lieu of providing vessels names, call signs and country of registry, vessel umbrella plan holders shall maintain accurate enrollment or member lists with vessel specific information provided by covered vessels and shall make the information available to ecology upon request.

(b) Umbrella plans for vessels shall include a list of the types of vessels and the typical oil types by group and volumes. In addition, vessel diagrams indicating cargo, fuel, and ballast tanks and piping, power plants, and other oil storage and transfer sites and operations shall be available for inspection by ecology. The procedure for the plan holder to acquire vessel diagrams needs to be documented in the plan.

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NEW SECTION
WAC 173-182-240   Field document.   (1) Each plan shall contain a field document which lists time critical information for the initial emergency phase of a spill. The owner or operator of the covered vessel or facility shall make the field document available to personnel who participate in oil handling operations and shall keep the field document in key locations at facilities, docks, on vessels and in the plan. The locations where field documents are kept must be listed in the plan, provided that vessel umbrella plan holders shall not be subject to enforcement if the owner or operator of an enrolled vessel fails to keep the field documents in the location specified in the plan.

Umbrella vessel plans shall include procedures to ensure each vessel covered by the plan is provided the field document prior to entering Washington waters. This can include by electronic means.

(2) At a minimum, the field document shall contain:

(a) A list of the procedures to detect, assess and document the presence and size of a spill;

(b) Spill notification procedures and a call out list that meets the requirements in WAC 173-182-260; and

(c) A checklist that identifies significant steps used to respond to a spill, listed in a logical progression of response activities.

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NEW SECTION
WAC 173-182-250   Initial response actions.   (1) Plan holders and responsible parties are required to document their initial spill actions and the plan shall include the forms that will be used for such documentation.

(2) The plan shall describe what equipment will be used to conduct initial spill assessment, including equipment effective during darkness and low visibility conditions, such as visual methods, tracking buoys, trajectory modeling, aerial overflights, thermal or infrared imagery.

(3) The plan must state how safety assessment including initial air monitoring will be conducted for all types of spills, including spills to groundwater.

(4) The plan must list procedures that will be used to confirm the occurrence, and estimate the quantity and nature of the spill. An updated report is required if the initially reported estimated quantity or the area extent of the contamination changes significantly.

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NEW SECTION
WAC 173-182-260   Notification and call-out procedures.   (1) Each plan shall include procedures which will be taken to immediately notify appropriate parties that a spill has occurred. The plan shall identify the central reporting office or individuals responsible for implementing the notification process.

(2) Each plan shall include a list of the names and phone numbers of required notifications to government agencies, response contractors and spill management team members, except that the portion of the list containing internal call down information need not be included in the plan, but shall be available for review by ecology upon request and verified during spills and drills.

(3) The procedure shall establish a clear order of priority for immediate notification.

(4) In addition, facility plans shall also address how notifications will be made to required government agencies for spills to ground or into permeable secondary containment, and threatened or confirmed spills to ground water.

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NEW SECTION
WAC 173-182-270   Maintenance records for response equipment.   (1) Plan holders and PRCs are required to maintain response equipment in a state of constant readiness, and in accordance with manufacturer specifications.

(2) Plan holders and PRCs that own equipment shall develop schedules, methods, and procedures for equipment maintenance. Maintenance records shall be kept for at least five years and made available if requested by ecology.

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NEW SECTION
WAC 173-182-280   Spill management teams.   (1) Each plan shall contain information on the personnel (including contract personnel) who will be available to manage an oil spill response. To meet the requirement, the plan shall include:

(a) An organizational diagram depicting the chain of command for the spill management team for a worst case spill.

(b) For the purpose of ensuring depth of the spill management team, an organization list of one primary and one alternate person to lead each ICS spill management position down to the section chief and command staff level as depicted in the NWACP standard ICS organizational chart. In lieu of being placed in the plan, this list may be maintained at the plan holder's office and be made available to ecology upon request. If a response contractor is used to fill positions, they must agree in writing to staff the positions. The capacity and depth of spill management teams will be evaluated in drills and spills.

(c) A job description for each spill management position; except if the plan holder follows without deviation the job descriptions contained in the NWACP. If the job descriptions are consistent with the NWACP, then the plan holder may reference the NWACP rather than repeat the information.

(d) A detailed description of the planning process which will be used to manage a spill. If the process is consistent with the NWACP then the plan holder may reference the NWACP rather than repeat the information.

(2) The plan shall address the type and frequency of training that each individual listed in subsection (1)(b) of this section receives. The training program at a minimum shall include as applicable ICS, NWACP policies, use and location of GRPs, the contents of the plan and worker health and safety. The training program shall include participation in periodic announced and unannounced exercises and participation should approximate the actual roles and responsibilities of the individual specified in the plan. New employees shall complete the training program prior to being assigned job responsibilities which require participation in emergency response situations.

(3) Covered vessel plan holders shall identify a primary and alternate incident commander's representative that can form unified command at the initial command post, and if located out-of-state, a primary and alternate incident commander that could arrive at the initial command post within six hours. The plan shall include estimated time frames for arrival of the remainder of the spill management team to the spill site, or at the incident command post as appropriate.

(4) The plan shall list a process for orderly transitions of initial response staff to incoming local, regional or away team personnel, including transitions between shift changes.

(5) Covered vessel umbrella plans must describe the transition from umbrella plan personnel to the vessel owner or operator's team.

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Section C -- Planning Standards
NEW SECTION
WAC 173-182-310   Planning standards.   (1) Ecology shall apply a planning standard when determining the ability of a plan holder to meet the purposes of these regulations. Each planning standard is subject to being verified at scheduled or unannounced drills. In an actual spill event, initial deployment shall be guided by safety considerations. The responsible party must address the entire volume of an actual spill regardless of the planning standards.

(2) The planning standards described in this chapter do not constitute cleanup standards that must be met by the holder of a contingency plan. Failure to remove a discharge within the time periods set out in this section does not constitute failure to comply with a contingency plan for purposes of this section or for the purpose of imposing administrative, civil, or criminal penalties under any other law.

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NEW SECTION
WAC 173-182-315   Planning standards for nondedicated work boats and operators.   Each plan holder shall plan to obtain nondedicated work boats and operators that will be available to deploy GRPs, enhance skimming, to provide platforms as vessel of opportunity skimming systems, logistical support or other uses during a spill. At a minimum, the plan shall describe a plan that will support the worst case spill response with work boats and operators that could have arrived on scene beginning at forty-eight hours.

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NEW SECTION
WAC 173-182-320   Planning standards for aerial surveillance.   Each plan shall provide for aerial oil tracking resources capable of being on-scene within six hours of spill awareness. At a minimum, these resources must be capable of supporting oil spill removal operations for three, ten-hour operational periods during the initial seventy-two hours of the discharge.

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NEW SECTION
WAC 173-182-325   Planning standards for dispersants.   (1) Plan holders with vessels carrying group II or III persistent oil as a primary cargo that transit in any area where preapproval or case-by-case use of dispersants is available as per the NWACP, must plan for the use of dispersants.

(2) The plan holder must identify the locations of dispersant stockpiles capable of dispersing the lesser of five percent of the worst case spill volume or twelve thousand barrels per day, using a dispersant to oil ratio of one to twenty.

(3) The plan holder must describe the methods of transporting equipment and supplies to a staging area, and appropriate aircraft or vessels to apply the dispersant and monitor its effectiveness.

(4) These resources must be capable of being on scene within twelve hours of spill awareness.

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NEW SECTION
WAC 173-182-330   Planning standards for in situ burning.   (1) Based on the NWACP, plan holders operating in areas where in situ burning has an expedited approval process must plan for the use of in situ burning.

(2) The plan holder must identify the locations of two fire booms, air monitoring equipment, igniters and aircraft or vessels to be used to deploy the igniters.

(3) The fire booms must be five hundred feet in length each and have an additional one thousand feet of conventional boom, tow bridles and work boats capable of towing the boom for burning operations.

(4) The plan holder must describe the methods of transporting the equipment to a staging area, and appropriate aircraft or vessels to monitor its effectiveness at the scene of an oil discharge.

(5) These resources must be capable of being on scene within twelve hours of spill awareness.

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NEW SECTION
WAC 173-182-335   Planning standards for storage.   Plan holders shall identify both on-water devices and shoreside interim storage locations. For marine waters, shoreside storage can be identified to meet fifty percent of storage requirements in the tables below, if the plan holders can demonstrate that recovered oil can be transported to the shoreside storage. For freshwater environments, shoreside storage can be identified to meet sixty-five percent of the storage requirements in the tables below, if the plan holders can demonstrate that recovered oil can be transported to the shoreside storage.

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NEW SECTION
WAC 173-182-345   Determining effectiveness of recovery systems.   Plan holders and PRCs that own equipment shall provide information for ecology to determine the effectiveness of the recovery systems and how the equipment meets the planning standards. To avoid duplication, plan holders relying upon a PRC to meet the necessary planning standards may reference the information submitted in the PRC's application, as approved by the department. Ecology will use the criteria in ASTM International F 1780-97 (Reapproved 2002).

Determination of efficiency of recovery systems in varied operating environments and product types:

(1) For all skimmers, describe how the device is intended to be transported and deployed. List the boom and work boats associated with each water based skimming system. Identify the pumps and pumping capacity that will be used to transfer product to storage devices.

(2) For all oil recovery systems that rely on a vessel of opportunity or nondedicated transport asset, include a statement on how the asset would be located and secured. Include in the plan the mobilization time needed to ensure the assets are available, as well as the time needed to set up the oil recovery system, and the personnel that will be used in the operations. This may require longer mobilization time than those found in this chapter.

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NEW SECTION
WAC 173-182-348   Determining effective daily recovery capacity.   (1) Plan holders and PRCs that own recovery equipment shall request an EDRC using the following procedures and the criteria in Title 33 CFR 155, Appendix B, Section 6, "Determining Effective Daily Recovery Capacity for Oil Recovery Devices."

(2) When calculating the EDRC, the formula R = T x 24 hours x E will be used.

R = Effective daily recovery capacity

T = Throughput rate in barrels per hour (nameplate capacity)

E = 20 percent (efficiency factor).

(3) Equipment owners may request an alternative EDRC by providing all of the following information:

(a) A description of the recovery system which includes skimmer, boom, pump, work boats, and storage associated with the device;

(b) Description of deployment methods that will be used to enhance the recovery system to maximize oil encounter rate during spills;

(c) Documented performance during verified spill incidents; and

(d) Documentation of laboratory testing using ASTM standard methods (ASTM F 631-80) or equivalent test approved by the U.S. Coast Guard.

(4) The following formula will be used to calculate the effective daily recovery capacity for this alternative approach:

R = D x U

R = Effective daily recovery capacity

D = Average oil recovery throughput rate in barrels per hour

U = 10 (hours of operation). 10 hours is used for potential limitations due to available daylight, weather, sea state, and percentage of emulsified oil in the recovered material.

EDRC is limited to the storage capacity of the proposed recovery system.

For each skimming system identify the oil storage associated with each recovery system. State the storage capacity integral to the oil recovery system, if applicable. Describe how recovered oil is to be transported to/from interim storage.

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NEW SECTION
WAC 173-182-350   Documenting compliance with the planning standards.   The plan holder shall describe how the planning standards found in this chapter are met.

(1) Each plan shall provide a spreadsheet on the resources intended to meet the planning standards as described in this chapter. This spreadsheet shall account for boom, recovery systems, storage, and personnel by type, quantity, home base and provider.

(2) Ecology will analyze the planning standard spreadsheet provided to determine whether the plan holder has access to equipment and personnel necessary to meet the planning standards.

(3) For purposes of determining plan adequacy, plan holders will include time for notification and mobilization of equipment and personnel. The time needed for a resource to move to the spill site is the sum of the notification, mobilization, and travel times. For dedicated resources owned by the plan holder, the mobilization planning factor to be used by the plan holder, PRC and ecology is thirty minutes. For all other dedicated response equipment the mobilization planning factor is one hour. Nondedicated resources shall have a mobilization planning factor of three hours.

(4) Equipment travel speeds shall be computed using a speed of thirty-five miles per hour for land and five knots for water. Ecology will use standard nautical charts and street maps and available on-line mapping programs to determine the length of time it will take equipment to cover a given distance.

(5) Plan holders may request approval for alternative notification, mobilization, and travel time by providing documentation to justify the request, such as actual performance during spills or unannounced drills.

(a) The request shall include date and time of performance or test, weather/sea state conditions and transportation information.

(b) If ecology accepts these alternative response times then these response times will be tested in unannounced drills to verify alternative calculations.

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NEW SECTION
WAC 173-182-355   Transfer sites for covered vessels at locations where transfers occur, and for facilities with a vessel terminal.  

Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage
6 Additional 10,000 feet of boom to be used for containment, recovery or protection could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived 2 times the EDRC
12 Additional 20,000 feet of boom to be used for containment, recovery or protection could have arrived Capacity to recover the lesser of 15% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived 2 times the EDRC
24 Additional 20,000 feet of boom to be used for containment, recovery or protection could have arrived Capacity to recover the lesser of 20% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 3 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-360   General planning standards for covered vessel transit locations for all of Puget Sound.  

Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
3 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
6 Additional 10,000 feet of boom appropriate for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived 1 times the EDRC
12 Additional 20,000 feet combination of appropriate types of boom to be used for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived 1.5 times the EDRC
24 Additional 20,000 feet combination of appropriate types of boom to be used for containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-365   Transmission pipelines and pipeline tank farms.   (1) To determine the amount of boom necessary for the two hour standard the plan holder must identify by WRIA, surface waters of the state with the potential to be impacted by a spill from the pipeline.

(a) To determine the two-hour booming requirements, select the widest river within the WRIA.

(b) Determine the average river speed at this location.

(i) For rivers with a current of two knots boom in the amount of three times the widest point in the river that the pipeline could affect.

(ii) For rivers with a current of three knots the requirement would be for five times the widest point in the river that the pipeline could affect.

(iii) For rivers with a current of five knots the requirement would be for seven times the widest point in the river that the pipeline could affect.

(2) Or alternatively, the two hour standard will be two thousand feet of boom.

(3) Boom required for the two hour standard shall be dedicated to spill response and should be staged in various locations along the pipeline.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage in Barrels
1 A safety assessment of the spill by trained crew and appropriate air monitoring could have arrived
2 Boom available at the spill source or downstream of the source could have arrived
6 Additional 5,000 feet of boom available for containment, recovery or protection could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived 1 times the EDRC
12 Additional 20,000 feet of boom to be used for containment, protection or recovery could have arrived Capacity to recover the lesser of 15% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived 2 times the EDRC
24 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 20% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 3 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-370   San Juan County planning standard.   Those covered vessel and facility plan holders that transit or operate within San Juan County must meet this standard. The resources to meet the two and three hour standards must be resident.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage in Barrels
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 10,000 feet combination of appropriate types of boom to be used for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived 1 times the EDRC
12 Additional 20,000 feet combination of appropriate types of boom to be used for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived 1.5 times the EDRC
24 Additional 20,000 feet combination of appropriate types of boom to be used for containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-375   Padilla Bay planning standard.   Those covered vessel and facility plan holders that transit or operate north of State Highway 20, east of a line drawn from Shannon Point on Fidalgo Island to Kelly's Point on Guemes Island, south of a line drawn from Clark Point on Guemes Island and William Point on Sammish Island must meet the following standards. Some of the GRPs may be deployed by land.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage in Barrels
1.5 A safety assessment of the spill by trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
2 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 10,000 feet of appropriate types of boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived. 50% must be able to work in shallow water environments - depth of 10 feet or less 1 times the EDRC
12 Additional 20,000 feet of appropriate types of boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived on scene. At least 20% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less 1.5 times the EDRC
24 Additional 20,000 feet of boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-380   Commencement Bay -- Quartermaster Harbor planning standard.   Those covered vessel and facility plan holders that transit or operate within a five nautical mile radius of a point at Lat. 4719'29"N Long. 12227'23"W (WGS 1984) must meet the following standards.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
1.5 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
2 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 10,000 feet of appropriate types of boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived 1 times the EDRC
12 Additional 20,000 feet of appropriate types of boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived 1.5 times the EDRC
24 Additional 20,000 feet of boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-385   Nisqually planning standard.   Those covered vessel and facility plan holders that transit or operate within a five nautical mile radius of a point at Lat. 4706'43"N Long. 12241'53"W (WGS 1984) must meet the following standards.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 12,000 feet of boom with at least 2,400 feet of boom being calm water - current capable appropriate for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived. 50% must be able to work in shallow water environments - depth of 10 feet or less 1 times the EDRC
12 Additional 20,000 feet of boom with at least 1,000 feet of boom calm water - current capable, for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 50% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less 1.5 times the EDRC
24 Additional 20,000 feet of boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-390   Dungeness planning standard.   Those covered vessel and facility plan holders that transit or operate within a five nautical mile radius of a point at Lat. 4810'56"N Long. 12306'38"W (WGS 1984) must meet the following standards.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived on scene
6 Additional 7,000 feet of boom with at least 3,000 feet of open water boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived. At least 50% must be capable of working in open water environments 1 times the EDRC
12 Additional 20,000 feet of boom appropriate for all potential areas of impact for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 50% must be capable of working in open water environments 1.5 times the EDRC
24 Additional 20,000 feet combination of appropriate types of boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-395   Neah Bay staging area.   Those covered vessel and facility plan holders that transit or operate within a five nautical mile radius of a point at Lat. 4823'06"N Long. 12435'59"W (WGS 1984) must meet the following standards. This area is very rugged, in order to accomplish deployment of resources logistical considerations will need to be planned for. Access to GRP locations may need to be done by helicopter or by land access, plans must identify all of the equipment that could be used to deploy GRPs. The boom and recovery resources to meet the two, three and six hour standards must be resident.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet or 4 times the length of the largest vessel of open water boom whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 6,000 feet of boom with at least 4,000 feet of open water boom for containment, protection and recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived. 100% of the recovery devices must be able to work in open water environments 1 times the EDRC
12 Additional 20,000 feet of boom combination of types appropriate for containment, protection and recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 60% of the skimming capability must be able to work open water environments 1.5 times the EDRC
24 Additional 20,000 feet combination of appropriate types of boom for containment, protection and recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-400   Copalis, Flattery Rocks and Quillayute Needles planning standard.   Those covered vessel and facility plan holders that transit or operate within the jurisdictional waters of Washington state east of the Three Nautical Mile Line and north of latitude 4706'00"N, and south of latitude 4809'00"N (WGS 1984) must meet the following standards. This area is very rugged, in order to accomplish deployment of resources logistical considerations will need to be planned for. Access to GRP locations may need to be done by helicopter or by land access, plans must identify all of the equipment that could be used to deploy GRPs.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet or 4 times the length of the largest vessel of open water boom whichever is less, to be used for containment, protection or recovery could have arrived on scene
6 Additional 12,000 feet of boom with at least 6,000 feet of open water boom for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived. 100% of the recovery devices must be able to work in open water environments 1 times the EDRC
12 Additional 20,000 feet of boom combination of types appropriate for containment, protection and recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 60% of the skimming capability must be able to work open water environments 1.5 times the EDRC
24 Additional 20,000 feet combination of types appropriate for containment, protection and recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-405   Grays Harbor planning standard.   Those covered vessel and facility plan holders that transit or operate within Washington waters in a five nautical mile radius of a point at Lat. 4654'52.25"N Long. 12410'26.45"W (WGS 1984) outside the entrance to Grays Harbor must meet these standards.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet of boom or 4 times the length of the largest vessel of boom to be used for containment, protection or recovery could have arrived on scene
6 Additional 6,000 feet of boom with at least 2,000 feet of open water boom and 3,000 feet of calm water - current capable appropriate for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived. 25% must be able to work in shallow water environments - depth of 10 feet or less 1 times the EDRC
12 Additional 20,000 feet of boom with at least 1,000 feet of calm water - current capable, for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 50% must be able to work in open water, 25% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less 1.5 times the EDRC
24 Additional 20,000 feet of boom for boom containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-410   Willapa planning standard.   Those covered vessel and facility plan holders that transit or operate within Washington waters in a five nautical mile radius of a point at Lat. 4644'00"N Long. 12411'00"W (WGS 1984) outside the entrance to Willapa Bay must meet these standards.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 10,000 feet of boom with at least 6,000 feet of boom being calm water - current capable for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived. 10% must be able to work in shallow water environments - depth of 10 feet or less 1 times the EDRC
12 Additional 20,000 feet of boom with at least 1,000 feet of calm water - current capable, for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 50% must be able to work in open water, 25% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less 1.5 times the EDRC
24 Additional 20,000 feet of boom for boom containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-415   Cathlamet staging area.   Those covered vessel and facility plan holders that transit or operate on the Columbia River between statute mile 36 and statute mile 42 must meet the following standards. The resources to meet the two and three must be resident


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 7,000 feet of boom with at least 4,200 feet of boom being calm water - current capable for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,000 barrels within 24-hour period could have arrived. 10% must be able to work in shallow water environments - depth of 10 feet or less 1 times the EDRC
12 Additional 20,000 feet of boom with at least 5,000 feet of calm water - current capable, for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 25% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less and 25% must be open water capable 1.5 times the EDRC
24 Additional 20,000 feet of boom with at least 10,000 feet of boom being calm water - current capable for boom containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived. At least 25% must be open water capable 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-420   Vancouver planning standard.   Those covered vessel and facility plan holders that transit or operate on the Columbia River between statute mile 99 and statute mile 107 must meet the following standards.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 6,000 feet of boom with at least 3,000 feet of boom being calm water - current capable containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,000 barrels within 24-hour period could have arrived. 10% must be able to work in shallow water environments - depth of 10 feet or less 1 times the EDRC
12 Additional 20,000 feet of boom with at least 5,000 feet of boom being calm water - current capable, for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 25% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less 1.5 times the EDRC
24 Additional 20,000 feet of boom with at least 10,000 feet of boom being calm water - current capable for boom containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-430   Tri-cities planning standard.   Those covered vessel and facility plan holders that transit or operate on the Columbia River between statute mile 316 and statute mile 322 must meet the following standards.


Time (hours) Boom/Assessment Minimum Oil Recovery Rate

% of WCS volume per 24 hours

Minimum Storage Volume
2 A safety assessment of the spill with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
3 Additional 2,000 feet of boom, or 4 times the length of the largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6 Additional 8,000 feet of boom with at least 4,800 feet of boom being calm water - current capable for containment, protection or recovery could have arrived Capacity to recover the lesser of 3% of worst case spill volume or 12,000 barrels within 24-hour period could have arrived. 10% must be able to work in shallow water environments - depth of 10 feet or less 1 times the EDRC
12 Additional 20,000 feet of boom with at least 5,000 feet of boom being calm water - current capable, for containment, protection or recovery could have arrived Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 25% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less 1.5 times the EDRC
24 Additional 20,000 feet of boom with at least 10,000 feet of boom being calm water - current capable for boom containment, protection or recovery could have arrived Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived 2 times the EDRC
48 More boom as necessary for containment, recovery or protection Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived More as necessary to not slow the response

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NEW SECTION
WAC 173-182-450   Planning standards for the Washington coast.   These standards apply to covered vessels that enter Washington waters at the Columbia River, Grays Harbor or the Strait of Juan de Fuca, and offshore facilities.

Plan holders shall be capable of sustaining a worst case spill response and shall develop an addendum specific to Washington's coast, including:

(1) The capability, if applicable, for in situ burning, dispersant, and mechanical recovery;

(2) Surveillance equipment (including fixed wing, helicopters and low visibility equipment) to provide for aerial assessment of spill within six hours of spill awareness;

(3) Time frames and mechanisms to cascade in equipment and other resources for up to seventy-two hours;

(4) Ten thousand feet of boom appropriate for shoreline protection, containment and/or ten thousand feet of open water boom for enhanced skimming, containment or other use to arrive within twelve hours; and

(5) Twenty thousand feet of boom appropriate for containment, protection or recovery to arrive within twenty-four hours.

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Section D -- Response and Protection Strategies for Sensitive Areas
NEW SECTION
WAC 173-182-510   Requirements for response and protection strategies.   (1) Plan holders shall have methods to track and contain spilled oil and enhance the recovery and removal operations that are described in the plan.

(2) Each plan shall include a description of how environmental protection will be achieved, including:

(a) Protection of sensitive shoreline and island habitat by diverting or blocking oil movement;

(b) The plan shall include a description of the sensitive areas and develop strategies to protect the resources, including information on natural resources, 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, physical geographic features, including relative isolation of coastal regions, beach types, and other geological characteristics;

(c) Identification of public resources, including public beaches, water intakes, drinking water supplies, and marinas;

(d) Identification of shellfish resources and methods to protect those resources;

(e) Identification of significant economic resources to be protected in the geographic area covered by the plan; and

(f) Each facility with the potential to impact a "sole source" aquifer or public drinking water source must identify the types of substrate and geographical extent of sensitive sites.

(3) The GRPs have been developed to meet these requirements and plans may refer to the NWACP to meet these requirements. If approved GRPs do not exist in the NWACP, plan holders will work with ecology to determine alternative sensitive areas to protect.

(4) Each plan shall identify potential initial command post locations.

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NEW SECTION
WAC 173-182-520   Planning standards for shoreline cleanup.   Each plan holder shall identify and ensure the availability of response resources necessary to perform shoreline cleanup operations. This standard will be evaluated using the criteria found in 33 CFR Part 155 Appendix B and 33 CFR 154 Appendix C.

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NEW SECTION
WAC 173-182-530   Planning standards for ground water spills.   (1) Each facility plan shall include a description of the methods to be used to immediately assess ground water spills.

(2) Facility plan holders shall include contact information in the plan for resources typically used to investigate, contain and remediate/recover spills to ground water.

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NEW SECTION
WAC 173-182-540   Planning standards for wildlife rescue and rehabilitation.   The plan shall identify applicable federal, state and NWACP requirements for wildlife rescue and rehabilitation, and describe the equipment, personnel, resource and strategies for compliance with the requirements. These resources shall have the capability to arrive on scene within twenty-four hours of spill awareness.

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Section E -- Plan Evaluation
NEW SECTION
WAC 173-182-610   Plan evaluation criteria.   Plan holders shall prepare a plan that demonstrates capability, to the maximum extent practicable, of promptly and properly removing oil and minimizing environmental damage from a variety of spill sizes, up to and including worst case spills. Ecology will evaluate plans based on these conditions:

(1) Only ecology approved PRC resources, plan holder owned resources and resources guaranteed through written mutual aid agreements or letters of intent or agreement shall be counted when calculating the planning standards. In the case of nondedicated storage devices, these will be derated by fifty percent of maximum storage volume (counted at a one to two ratio) and acquisition of these resources will be tested in unannounced drills.

(2) If a plan holder operates in an area where more than one planning standard designation applies, ecology will determine the more stringent of planning standards.

(3) Ecology will count equipment if it is appropriate for the operating environment within the geographic area defined in the plan. Ecology will use criteria from sources such as the ASTM International documents, World Catalogue, manufacturer's recommendations, the Regional Response list, the federal Oil Spill Removal Organization guidelines, the Field Operations Guide resource typing guidelines and drills and spills to make approval and verification determinations on operating environments.

(4) Ecology will count boom if it is appropriate to the operating environment and support equipment is identified. Support equipment for boom means transportation devices, cranes, anchors, boom tackle, connectors, work boats and operators.

(5) Ecology will only count dedicated response resources towards the two hour standards.

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NEW SECTION
WAC 173-182-620   Alternative method of evaluating planning standards.   (1) A plan holder may request that ecology review and approve a plan based on alternative planning standards. Such requests should be submitted with the plan and shall be subject to a thirty day public review period.

(2) The proposal must include, at a minimum:

(a) A reference to which planning standard(s) in this chapter the proposal will be substituted for;

(b) A detailed description of the alternative proposal including equipment, personnel, response procedures, and maintenance systems that are being proposed; and

(c) An analysis of how the proposal offers equal or greater protection or prevention measures as compared to the requirement in this chapter.

(3) Ecology may approve the alternative compliance proposal if, based upon the documents submitted and other information available to the agency, it finds that:

(a) The alternative compliance proposal is complete and accurate; and

(b) The alternative compliance proposal provides an equivalent or higher level of protection in terms of spill preparedness and response when compared with the planning standards found in this chapter.

(4) Ecology may reconsider an approval at any time, in response to significant plan changes.

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NEW SECTION
WAC 173-182-630   Process for plan approval.   (1) Upon receipt of a plan, ecology shall evaluate whether the plan is complete, and if not, the plan holder shall be notified of deficiencies within five days. The public review period does not begin until a complete plan is received.

(2) Once a plan is complete, ecology shall notify interested parties and make plans available for public review. Comments will be accepted during the first thirty calendar days of the review period.

(3) If the plan is approved, the plan holder receives a certificate describing the terms of approval, including plan expiration dates.

(a) Ecology may approve a plan conditionally and require a plan holder to operate under specific restrictions until unacceptable components of the plan are revised, resubmitted and approved. Such notice will include specific reference to the regulatory standard in question.

(i) Precautionary measures may include, but are not limited to, additional information for the plan, 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 equipment.

(ii) Plan holders who fail to meet conditional requirements or provide required changes in the time allowed will forfeit conditional approval status.

(b) If plan approval is denied, the plan holder shall receive an explanation of the factors for denial and a list of actions necessary to gain approval. The plan holder shall not engage in oil storage, transport, transfer, or other operations without an approved plan.

(4) Ecology may review a plan following an actual spill or drill of a plan and may require revisions as appropriate.

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PART III: DRILL AND EQUIPMENT VERIFICATION PROGRAM
NEW SECTION
WAC 173-182-700   Drill participation, scheduling and evaluation.   (1) Plan holders and PRCs shall participate in a drill and equipment verification program for the purpose of ensuring that all contingency plan components function to provide, to the maximum extent practicable, prompt and proper removal of oil and minimization of damage from a variety of spill sizes. In Washington, a modified triennial cycle for drills, as found in the National Preparedness for Response Drill Program (PREP), is relied on to test each component of the plan.

(2) Ecology shall be provided an opportunity to help design and evaluate all tabletop and deployment drills. To ensure this, plan holders shall schedule drills on the NWACP area exercise calendar. Scheduling requirements are noted in the table below.

(3) Ecology shall mail a written drill evaluation report for drills to the plan holder. Credit will be granted for drill objectives that are successfully met.

(4) Objectives that are not successfully met shall be tested again and must be successfully demonstrated within the triennial cycle, except that significant failures will be retested within thirty days.

(5) Plan deficiencies identified in the written evaluation may require plan holders to make specific amendments to the plan.

(6) A plan holder may request an informal review of the ecology evaluation within thirty days of receipt of the report.

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NEW SECTION
WAC 173-182-710   Type and frequency of drills.   The following drills shall be conducted within each triennial cycle.


Type of Drill Frequency Within the Triennial Cycle Special Instructions Scheduling Instructions
Tabletop drills 3 - one in each year of the cycle One of the three shall involve a worst case discharge scenario. The worst case discharge scenario drill shall be conducted once every three years. Must be scheduled at least 60 days in advance, except the worst case discharge scenario at least 90 days in advance.
Deployment drills 6 - done two per year These drills shall include, GRP deployments, testing of each type of equipment to demonstrating compliance with the planning standards. Scheduled at least 30 days in advance.
Ecology initiated unannounced drills As necessary This drill may involve testing any component of the plan, including notification procedures, deployment of personnel, boom, recovery and storage equipment. No notice.

(1) Tabletop drills:

(a) Tabletop drills are intended to demonstrate a plan holder's capability to manage a spill using the ICS. Role playing shall be required in this drill.

(b) Once during each three year cycle, the plan holder shall ensure that key members of the regional/national "away" team as identified in the plan shall be mobilized in state for a drill, except that: At ecology's discretion, away team members may be evaluated in out-of-state tabletop drills if ecology has sufficient notice, an opportunity to participate in the drill planning process, and that the out-of-state drills are of similar scope and scale to what would have occurred in state. In this case, key away team members shall be mobilized in this state at least once every five years.

(2) Equipment deployment drills:

(a) During the triennial cycle, deployment drills shall include a combination of owned and contracted assets.

(b) Plan holders should ensure that each type of equipment listed in the plan and personnel responsible for operating the equipment are tested during each triennial cycle. Plan holders must design drills that will demonstrate the ability to meet the planning standards, including recovery systems and system compatibility. Drills shall be conducted in all operating environments that the plan holder could impact from spills.

(c) At least twice during a triennial cycle, plan holders shall deploy a GRP strategy identified within the plan. If no GRPs exist for the operating area, plan holders will consult with ecology to determine alternative sensitive areas to protect.

(d) Plan holders may request credit for the prebooming of an oil transfer.

(3) Plan holders may receive credit for GRP deployment drills conducted by PRCs if:

(a) The PRC is listed in the plan; and

(b) The plan holder operates in the area, schedules and participates in the drill.

(4) Ecology initiated scheduled inspections and unannounced deployment and tabletop drills.

(a) In addition to the drills listed above, ecology will implement a systematic scheduled inspection and unannounced drill program to survey, assess, verify, inspect or deploy response equipment listed in the plan. This program will be conducted in a way so that no less than fifty percent of the resources will be confirmed during the first triennial cycle, and the remaining fifty percent during the subsequent triennial cycle.

(b) Unannounced drills may be called when specific problems are noted with individual plan holders, or randomly, to strategically ensure that all operating environments, personnel and equipment readiness have been adequately tested.

(c) Unannounced notification drills are designed to test the ability to follow the notification and call-out process in the plan.

(d) Immediately prior to the start of an unannounced deployment or tabletop drill, plan holders will be notified in writing of the drill objectives, expectations and scenario.

(e) Plan holders may request to be excused if conducting the drill poses an unreasonable safety or environmental risk, or significant economic hardship. If the plan holder is excused, ecology will conduct an unannounced drill at a future time.

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NEW SECTION
WAC 173-182-720   Evaluation criteria.   The PREP guidance document lists fifteen core components that shall be demonstrated during the triennial cycle. Ecology adopts the fifteen core components as the criteria used to evaluate drills. The core components are as follows:

(1) Notifications: Test the notifications procedures identified in the plan.

(2) Staff mobilization: Demonstrate the ability to assemble the spill response organization identified in the plan.

(3) Ability to operate within the response management system described in the plan. This includes demonstration of the ICS staffing and process identified in the plan.

(4) Source control: Demonstrate the ability of the spill response organization to control and stop the discharge at the source.

(5) Assessment: Demonstrate the ability of the spill response organization to provide an initial assessment of the discharge and provide continuing assessments of the effectiveness of the tactical operations.

(6) Containment: Demonstrate the ability of the spill response organization to contain the discharge at the source or in various locations for recovery operations.

(7) Recovery: Demonstrate the ability of the spill response organization to recover, mitigate, and remove the discharged product. Includes mitigation and removal activities, e.g., dispersant use, in situ burn use, and bioremediation use.

(8) Protection: Demonstrate the ability of the spill response organization to protect the environmentally and economically sensitive areas identified in the NWACP and the plan.

(9) Disposal: Demonstrate the ability of the spill response organization to dispose of the recovered material and contaminated debris in compliance with guidance found in the NWACP.

(10) Communications: Demonstrate the ability to establish an effective communications system throughout the scope of the plan for the spill response organization.

(11) Transportation: Demonstrate the ability to provide effective multimode. Transportation both for execution of the discharge and support functions.

(12) Personnel support: Demonstrate the ability to provide the necessary logistical support of all personnel associated with the response.

(13) Equipment maintenance and support: Demonstrate the ability to maintain and support all equipment associated with the response.

(14) Procurement: Demonstrate the ability to establish an effective procurement system.

(15) Documentation: Demonstrate the ability of the plan holder's spill management organization to document all operational and support aspects of the response and provide detailed records of decisions and actions taken.

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NEW SECTION
WAC 173-182-730   Other ways to get drill credit.   (1) Plan holders may request drill credit for a response to an actual spill, provided that ecology has an opportunity to participate and evaluate the spill response. Credit from spills shall not entirely alleviate the plan holder's responsibility to drill.

To obtain credit, a written request to ecology shall be made within sixty days of completion of the cleanup operations.

(a) The request shall include documentation supporting the components of WAC 173-182-720.

(b) Plan holders shall have up to ninety days to submit a lessons learned summary supporting the request for drill credit.

(2) Plan holders may request drill credit for out-of-state tabletop drills if:

(a) Ecology has been invited to attend the drill;

(b) Ecology has an opportunity to participate in the planning process for the drill. There shall be a meeting to discuss the scope and scale of the exercise, the drill objectives and the types of criteria for which Washington credit may be applicable;

(c) Documentation of the drill and self certification documentation shall be provided to ecology within thirty days of the drill;

(d) The plan holder has one response plan for a number of facilities or a fleet of vessels; and

(e) Plan holders seeking credit for a scheduled out-of-state drill shall notify ecology in writing ninety days in advance, to provide ecology an opportunity to participate.

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NEW SECTION
WAC 173-182-740   Drill requirement waivers.   (1) Plan holders may request a waiver for a deployment or tabletop drill requirements.

(2) The request shall be in writing and shall describe why a waiver should be considered and how the plan holder is meeting the purpose and intent of the drill program with the waiver.

(3) Plan holder's requests for a drill waiver will be made available for public review for a period of thirty days.

(4) Ecology will evaluate the request and respond in writing within sixty calendar days of receipt of the letter.

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PART IV: PRIMARY RESPONSE CONTRACTOR (PRC) STANDARDS
NEW SECTION
WAC 173-182-800   PRC application.   (1) To become a state-approved PRC, a response contractor must:

(a) Submit an application as set forth in subsection (2) of this section;

(b) Have a process to provide twenty-four hour/day contact for spill response;

(c) Commit to begin mobilization efforts immediately upon notification but no later than one hour from notification of a spill;

(d) Maintain equipment in accordance with manufacturer specifications; and

(e) Assist plan holders in meeting the requirements for plans and drills in Washington.

(2) To apply, a contractor should complete, sign and submit the application form number ECY 070-216.

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NEW SECTION
WAC 173-182-810   Submittal and review of contractor applications.   (1) Once an application is received, ecology will determine whether it is complete. If not, the response contractor shall be notified of deficiencies in writing and given a time period for submitting the required information.

(2) Equipment and personnel readiness will be verified once the application is approved. Ecology may inspect equipment, training records, maintenance records, drill records, and may request a test of the call-out procedures, and require operation of each type of equipment listed in the application. These inspections may be conducted at any/all equipment locations. Any resources not on-site at the time of an inspection shall be accounted for by company records.

(3) If the application is approved and the verification is satisfactory, the contractor shall receive a letter of approval describing the terms of approval, including expiration dates and EDRC of the recovery equipment. PRC approvals will be reviewed by ecology every three years. Applications shall be resubmitted forty-five calendar days in advance of the expiration date.

(4) If the application is not approved, the contractor shall receive an explanation of the factors for disapproval and a list of actions to be taken to gain approval.

(5) Approval of a response contractor by ecology does not constitute an express assurance regarding the adequacy of the contractor nor constitute a defense to liability imposed under state law.

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NEW SECTION
WAC 173-182-820   Significant changes require notification.   (1) The PRC is responsible to provide written notification to ecology and plan holders to whom they are obligated, within twenty-four hours, of any significant change in the information reported in the approved application. The notice shall include the identification of back up resources sufficient to maintain the PRC readiness level, and the estimated date that the original equipment shall be back in full service. Changes which are considered significant include loss of equipment that affect the planning standard spreadsheet of any plan holder covered by the PRC, personnel identified in ICS positions by plan holders, changes in equipment ownership, or a greater than ten percent decrease in available spill response equipment. Failure to report changes could result in the loss of PRC approval. Notification by facsimile or e-mail will be considered written notice.

(2) If ecology determines that PRC approval conditions are no longer met, approval may be revoked or conditionally modified. The PRC will receive a written notice of the loss of approval or conditional modifications and a time period to either appeal or correct the deficiency.

(3) Ecology will immediately notify plan holders of changes in the approval status of PRCs.

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PART V: RECORDKEEPING AND COMPLIANCE INFORMATION
NEW SECTION
WAC 173-182-900   Recordkeeping.   Ecology may verify compliance with this chapter by examining training and equipment maintenance records, drill records, accuracy of call-out and notification lists, spill management team lists, ICS forms, waste disposal records, post-spill reviews and records on lessons learned.

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NEW SECTION
WAC 173-182-910   Noncompliance.   (1) If an owner or operator of a covered vessel, onshore or offshore facility, a person or plan holder is unable to comply with an approved contingency plan or otherwise fails to comply with requirements of this chapter, ecology may, at its discretion:

(a) Place conditions on approval; and

(b) Require additional drills to demonstrate effectiveness of the plan; or

(c) Revoke the approval status.

(2) Approval of a plan by ecology does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under state law.

(3) Any violation of this chapter may be subject to the enforcement and penalty sanctions.

(4) Ecology may assess a civil penalty of up to one hundred thousand dollars against any person who is in violation of this section. Each day that a covered vessel, facility or person is in violation of this section shall be considered a separate violation.

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NEW SECTION
WAC 173-182-920   Operation without plan.   (1) A covered vessel may not enter or operate on the waters of the state without an approved, or conditionally approved, contingency plan, except that a covered vessel not in compliance with this chapter may enter waters of the state if the Coast Guard has determined that the vessel is in distress.

(2) The owner or operator of an onshore or offshore facility may not operate without an approved, or conditionally approved, plan nor transfer cargo or passengers to or from a covered vessel that does not have an approved, or conditionally approved, contingency plan. The owner or operator of a covered vessel may not transfer oil to or from an onshore or offshore facility that does not have an approved or conditionally approved contingency plan.

(3) Ecology may assess a civil penalty under RCW 43.21B.300 of up to one hundred thousand dollars against any person who is in violation of this section. In the case of a continuing violation, each day's continuance shall be considered a separate violation.

(4) Any person found guilty of willfully violating any of the provisions of this section, or any final written orders or directive of ecology or a court shall be deemed guilty of a gross misdemeanor and upon conviction shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation.

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NEW SECTION
WAC 173-182-930   Severability.   If any provision of this chapter is held invalid, the remainder of the rule is not affected.

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Washington State Code Reviser's Office