WSR 12-17-073

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 11-06 -- Filed August 14, 2012, 10:37 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-14-111.

     Title of Rule and Other Identifying Information: Oil spill contingency plan, chapter 173-182 WAC.

     Hearing Location(s): Hearing 1 - Marysville combined with a webinar, on September 25, 2012, at 6:00 p.m. - Presentation, question and answer session followed by the formal public hearing.

     Location: Holiday Inn Express, Skykomish Room, 8606 36th Avenue N.E., Marysville, WA 98270.

     Webinar: Ecology is also offering this presentation, question and answer session and formal public hearing via webinar. Webinars are an on-line meeting forum that you can attend from any computer using internet access. To participant by phone, you will need to have a phone or computer with phone modem capability. For more information and instructions, go to http://www.ecy.wa.gov/programs/spills/community_outreach/sppr_webinar.html.

     Comments: Ecology will accept formal comments at the Marysville location and through the webinar audio portion by calling (800) 704-9804/participant code (88955236#). For more information and instructions, go to http://www.ecy.wa.gov/programs/spills/community_outreach/sppr_webinar.html.

     To join the webinar click on the following link for more information and instructions http://www.ecy.wa.gov/programs/spills/community_outreach/sppr_webinar.html.

     Hearing 2 - Vancouver, on September 27, 2012, at 3:00 p.m. - Presentation, question and answer session followed by the formal public hearing.

     Location: Vancouver-Clark Parks and Recreation, Marshall Community Center, Elm Room, 1009 East McLoughlin Boulevard, Vancouver, WA 98663.

     Date of Intended Adoption: December 14, 2012.

     Submit Written Comments to: Sonja Larson, P.O. Box 47600, Olympia, WA 98504-7600, e-mail spillsrulemaking@ecy.wa.gov, fax (360) 407-7288, by 5:00 p.m. on October 4, 2012.

     Assistance for Persons with Disabilities: Contact Mary Ellen-Voss at (360) 407-7211, by September 20, 2012. If you have hearing loss, call TTY 771 or for Washington relay service if you have speech disability call (877)833-6341.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology is proposing to amend the oil spill contingency planning rule (chapter 173-182 WAC) to implement chapter 122, Laws of 2011 (E2SHB 1186). This rule making will:


• Update state oil spill preparedness planning standards to incorporate best achievable protection and best available technology.
• Improve the state's current vessels of opportunity system.
• Establish a volunteer coordination system.
• Require joint large-scale equipment deployment drills from tank vessels.
• Improve the state-required notification process to include potential spill threats as well as actual spills.
• Change contingency plan requirements for nonprofit "umbrella" organizations.
• Update definitions.
• Make other changes related to oil spill contingency plans and ecology's contingency plan review and approval process.

     Reasons Supporting Proposal: Following the direction of the legislature this rule will require oil spill response system improvements through a combination of best available technology and best available protection.

     Statutory Authority for Adoption: Chapters 88.46, 90.48, 90.56 RCW, and chapter 122, Laws of 2011 (E2SHB 1186) authorizes and directs the department of ecology to implement rules on this subject.

     Statute Being Implemented: Chapter 122, Laws of 2011 (E2SHB 1186) authorizes and directs the department of ecology to implement rules on this subject.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington state department of ecology, governmental.

     Name of Agency Personnel Responsible for Drafting: Sonja Larson, Department of Ecology, Lacey, Washington, (360) 407-6682; Implementation and Enforcement: Linda Pilkey-Jarvis, Department of Ecology, Lacey, Washington, (360) 407-7447.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     Executive Summary: The Washington state department of ecology (ecology) is amending regulatory chapter 173-182 WAC, Oil spill contingency plans, to implement chapter 122, Laws of 2011 (E2SHB 1186). The rule amendments include changes to:


• Update state oil spill preparedness planning standards to incorporate best achievable protection and best available technology.
• Enhance the state's current vessels of opportunity system.
• Establish a volunteer coordination system.
• Require joint large-scale equipment deployment drills from tank vessels.
• Enhance the state-required notification process to include potential spill threats as well as actual spills.
• Change contingency plan requirements for nonprofit "umbrella" organizations to allow for a planning structure that supports approval of plans with a tiered approach.
• Update definitions.
• Make other changes related to ecology's contingency plan review and approval process.

     Ecology last updated the oil spill contingency planning rule in 2007. Since the last update to the rule, two large oil spills - a spill in San Francisco, California (the Cosco Bursan oil spill) and a spill along the Gulf Coast (the Deepwater Horizon oil spill) - have impacted waters in the United States. These spills provided valuable lessons learned about our preparedness framework, and influenced a change in the law. The rule amendments are intended to incorporate lessons learned to influence changes to specific spill planning standards and drill standards.

     Ecology calculated cost-to-employment ratios to examine the relative impacts of the proposed rule amendments on small versus large businesses. Ecology also considered the impacts of the proposed amendments on local governments and other small public entities, to meet the requirements in the Governor's Executive Order 10-06.1 Ecology was not able to get sufficient data for other measures (sales, hours of labor) often used to identify all businesses' ability to cope with compliance costs.

     When comparing the per-employee costs of compliance with the proposed rule amendments, for overall program costs, ecology found that small businesses (with fifty or fewer employees) impacted by the rule incur $268 to $8.5 thousand per employee, while the largest ten percent of businesses incur a cost of $5 to $7 per employee.

     Ecology's scope in reducing the impacts specifically to small businesses was limited by the scope of this rule making. The above disproportionate impacts, however, are mitigated - if not eliminated - by basic business behaviors and characteristics. The smaller primary response contractors (PRCs) perform limited or specialized tasks, and may not incur the costs of many of the new requirements under the proposed rule amendment - simply because that PRC does not perform those contracted tasks. The large PRCs, on the other hand, perform a broader range of contracted tasks, and are likely to incur more of the new requirements under the proposed rule amendments than small PRCs are. Ultimately, one can argue that no PRC is required to take on any of the prospective new costs under the proposed rule amendments, since none of them are required to be a PRC, and can instead focus on other contracted response tasks.

     Based on the Washington state office of financial management's input-output model of the state economy, ecology calculated likely jobs outcomes. As compliance costs reduce direct employment in complying industries, they become transfers of income to other industries that manufacture and support equipment (on-water, aerial), as well as those submitting for vessels of opportunity (VOO) training. Overall, the proposed rule amendments could result in net short-term gains in employment of twenty to forty-seven jobs. These prospective changes in overall employment in the state are actually the sum of multiple small increases and decreases across industries in the state, in addition to larger losses in water transportation, and to the large gains in the aircraft and ship manufacturing industries.

     Section 1: Introduction and Background.

     Based on research and analysis required by the Regulatory Fairness Act, RCW 19.85.070, ecology has determined the proposed rule amendments to chapter 173-182 WAC are likely to have a disproportionate impact on small business. Therefore, ecology included cost-minimizing features in the rule where it is legal and feasible to do so.

     This document presents the:


• Background for the analysis of impacts on small business relative to other businesses.
• Results of the analysis.
• Cost-mitigating action taken by ecology.

     This document is intended to be read with the associated cost-benefit analysis (Ecology Publication #12-08-005), which contains more in-depth discussion of the analyses, as well as references and appendices.

     A small business is defined as having fifty or fewer employees. Estimated impacts are determined as compared to the existing regulatory environment - the way oil spill contingency planning would be regulated in the absence of the proposed rule amendments.

     The existing regulatory environment is called the "baseline" in this document. It includes only existing laws and rules at federal and state levels.

     Description of the proposed rule amendments:


• Update state oil spill preparedness planning standards to incorporate best achievable protection and best available technology.
• Enhance the state's current vessels of opportunity system.
• Establish a volunteer coordination system.
• Require joint large-scale equipment deployment drills from tank vessels.
• Enhance the state-required notification process to include potential spill threats as well as actual spills.
• Change contingency plan requirements for nonprofit "umbrella" organizations to allow for a planning structure that supports approval of plans with a tiered approach.
• Update definitions.
• Make other changes related to ecology's contingency plan review and approval process.

     Reasons for the proposed rule amendments:

     Following the direction of the legislature in ESHB 1186, the proposed rule amendments would require response system improvements through a combination of best available technology and best available protection. The equipment, training, and planning elements required through these rule amendments strive to pair the right equipment with well-trained personnel. These elements are essential in delivering a rapid, aggressive, and well-coordinated response to large spills.

     The proposed rule amendments are a step toward building a response system that utilizes best achievable protection to strengthen our ability to operate safely and continuously at night and during inclement weather conditions including rain, fog, waves, and high currents that are often experienced in Washington state waters.

     To this end, the rule requires investment in:


• New aerial surveillance capability.
• Recovery equipment capable in waves and higher encounter rates.
• Training of oil-spill response personnel.
• Vessels of opportunity and crew.
• Technical manuals as a way to communicate how the plan holder's response capability represents best achievable protection, and can be verified over time using the five-year best achievable protection review cycle.

     Ecology last updated the oil spill contingency planning rule in 2007. Since the last update to the rule, two large oil spills - a spill in San Francisco, California (the Cosco Bursan oil spill) and a spill along the Gulf Coast (the Deepwater Horizon oil spill) - have impacted waters in the United States. These spills provided valuable lessons learned about our preparedness framework, and influenced a change in the law. The rule amendments are intended to incorporate lessons learned to influence changes to specific spill planning standards and drill standards.

     Through the proposed rule amendments, ecology is enhancing the current vessel of opportunity requirements and strengthening our ability to respond to oil spills. The extensive use of commercial fishing and other vessels during the Deepwater Horizon Spill response demonstrated the value of partnering with local marine professionals ahead of a large spill to ensure vessels of opportunity are well-trained and can operate safely as an effective part of spill response.

     Regulatory baseline:

     In most cases, the regulatory baseline for cost-benefit analysis's (CBA) is the existing rule. Where there is no existing rule, federal and local regulations are the baseline. In the case of the proposed amendments to the oil spill contingency plans rule, the existing rule and existing federal requirements comprise the baseline. See the associated CBA (Ecology Publication 12-08-005) for extensive discussion of the baseline.

     Section 2: Compliance Costs.

     Different types of covered vessels, facilities, and entities are affected differently by the proposed rule. Most covered vessels use umbrella plans (two approved nonprofit organizations that hold plans for one thousand five hundred vessels in the Columbia River, and one thousand three hundred fifty-three vessels along the outer coast, in the Strait of Juan de Fuca, and in Puget Sound). There are twenty-eight additional independent approved plans (for individual firms or subsidiaries).

     Plan holders in any of these cases (whether they are vessels, facilities, or umbrella plans) may contract with twelve state-approved PRCs to plan, prepare for, and execute required actions.

     Ecology multiplied unit costs as calculated in the next section by the expected quantities of compliance behavior with the proposed rules, as based on:


• 1,500 vessels in Columbia River umbrella plan.
• 1,353 vessels in outer coast, Strait of Juan de Fuca, and Puget Sound.
• 28 independent approved contingency plans.
• 12 PRCs.

     Ecology estimated present value compliance costs over twenty years.

     Ecology estimated costs as follows: For a full discussion of cost calculation methodologies and sources, see the CBA (Ecology Publication #12-08-005). Note that all costs are estimated conservatively high when dealing with uncertainty.


Table 1: Present-Value Costs of the Proposed Rule Amendments


Present-Value Costs of the Proposed Rule Amendments
Cost Low Present Value High Present Value
FLIR plus additional BAT capability2 $300,000 $700,000
Additional spotting resources $691 $1,280
Four-hour planning standard $350,000 $1,750,000
Dedicated on-water storage $250,000 $1,000,000
Dedicated on-water storage maintenance $205,327 $821,308
Describe storage and recovery as systems $1,727 $3,200
Identification of one hundred shore cleanup workers and supervisors $867 $1,600
9 miles passive cleanup equipment $55,000 $55,000
Plan update with process to obtain additional resources $691 $1,280
VOO database (ecology cost) $27,000 $27,000
VOO database ongoing costs (ecology cost) $303,884 $303,884
Vetting VOO $52,703 $64,447
VOO training $3,864,223 $4,330,595
VOO deployment drill $1,210,728 $1,356,850
Identify worst-case discharge volume $22 $40
Identify spill management team for all enrolled members $22 $40
Describe process for activating supplemental resources $1,727 $3,200
Identify and list staff to be deployed $1,036 $1,920
Train staff to be deployed $158,510 $504,350
List response equipment on WRRL (or equivalent) $1,036 $1,920
List all staff, training, VOO, communications assets, remedial substances in contracts $2,073 $3,840
TOTAL 20-YEAR PRESENT VALUE COST $6,787,267 $10,931,754

     Many of these costs are assumed to be shared across multiple entities, as allowed by the proposed rule amendments, to minimize compliance costs.

     To be able to apply appropriate compliance costs to individual plan holders, ecology separated costs into the following groups:


• Approved vessel plan holder costs.
• Umbrella plan holder costs.
• PRC costs.
• Shared asset costs (shared by the above, as well as facility plan holders).

Table 2: Costs by Group


Approved plan holder costs low high # of entities
Additional spotting resources $691 $1,280 30
Technical manual systems descriptions $1,727 $3,200 8
Contracting time for shoreline cleanup and supervisors $867 $1,600 8
Updating plans for additional resource procedures $691 $1,280 8
Umbrella plan holder costs low high # of entities
Additional spotting resources $691 $1,280 8
Technical manual systems descriptions $1,727 $3,200 8
Contracting time for shoreline cleanup and supervisors $867 $1,600 8
Updating plans for additional resource procedures $691 $1,280 30
Identify worst case discharge volume $22 $40 2
Identify spill management team $22 $40 2
Require direct contract for all resource to meet the worst case discharge $1,727 $3,200 2
PRC costs low high # of entities
Identify staff expected to be deployed for oil spills or to meet planning standards $1,036 $1,920 12
Train staff expected to be deployed for oil spills or to meet planning standards $158,510 $504,350 12
List response equipment on WRRL or equivalent $1,036 $1,920 12
Shared asset costs low high # of entities
Mounted FLIR plus additional BAT capability $300,000 $700,000 8
Four Hour Planning standard $350,000 $1,750,000 8
Dedicated on-water storage $250,000 $1,000,000 30
Dedicated on-water storage maintenance $205,327 $821,308 30
9 miles of passive cleanup equipment $55,000 $55,000 8
VOO Vessel Database $27,000 $27,000 Ecology
VOO Vessel database maintenance $303,884 $303,884 Ecology
Vetting VOO $52,703 $64,447 8
VOO Training Specified $3,864,223 $4,330,595 8
VOO Deployment $1,210,728 $1,356,850 8

     Section 3: Quantification of Cost Ratios.

     Ecology calculated the estimated per-entity costs to comply with the proposed rule amendments. Cost estimates and ranges are for the average or typical plan holder. This causes inherent estimation of disproportionate costs across differently sized businesses. Similarly, different compliance costs for different types of entity [entities] also inherently generate nonuniform costs.

     In this section, ecology summarizes compliance cost per employee at plan holders of different sizes. As expected, costs per employee are larger for smaller businesses, since compliance costs are calculated per plan holder, by type only. The table below summarizes total cost per entity, assuming uniform sharing of the costs of shared assets.


Table 3: Costs per Entity, by Type


Low Cost per Entity Low Shared Asset Cost High Cost per Entity High Shared Asset cost Low Total Cost per Entity High Total Cost per Entity
Vessel Plan Holder $434 $744,259 $803 $1,092,822 $744,693 $1,093,624
Umbrella Plan Holder $1,319 $744,259 $2,443 $1,092,822 $745,578 $1,095,264
PRC $13,382 $42,349 $13,382 $42,349
Facility Plan Holder $46 $15,178 $85 $60,710 $15,224 $60,796

     The SBEIS only considers costs to "businesses in an industry" in Washington state. This means that impacts, for this document, are not evaluated for nonprofit agencies, or for government agencies. Within this definition, there are no small approved plan or umbrella plan holders. Smaller local offices of larger parent companies are considered based on the size of their parent, as this is a better reflection of ability to cope with compliance costs, relative to independent small businesses.

     In the PRC group, two are out-of-state, and one is a nonprofit. These PRCs are excluded from this analysis as well.3 Of the remaining nine PRCs, six are small businesses as defined in the statute governing this analysis (they have fifty or fewer employees). These PRCs would incur per-employee costs between $268 and $8.5 thousand. This range is higher than the comparable range for the largest ten percent of these businesses (one business), of $5 to $17 per employee.

     Section 4: Action Taken to Reduce Small Business Impacts.

     The above disproportionate impacts are mitigated - if not eliminated - by basic business behaviors and characteristics. The smaller PRCs perform limited or specialized tasks, and may not incur the costs of many of the new requirements under the proposed rule amendment - simply because that PRC does not perform those contracted tasks. The large PRCs, on the other hand, perform a broader range of contracted tasks, and are likely to incur more of the new requirements under the proposed rule amendments than small PRCs are. Ultimately, one can argue that no PRC is required to take on any of the prospective new costs under the proposed rule amendments, since none of them are required to be a PRC, and can instead focus on other contracted response tasks.

     Section 5: Small Business and Government Involvement.

     During the CR-101 (informal rule-making phase) starting in January 2012, the department convened a special rule advisory committee to provide informal comment on the draft regulation and advise ecology about how environmental, economic and other issues might be addressed. The committee met regularly from January through June 2012. Committee members included invited representatives and observers from:


• Oil handling facilities and oil shipping companies.
• Umbrella oil spill contingency plan holders.
• Spill response contractors.
• Tug and towing companies.
• Commercial fishing vessels.
• Cargo and other shipping companies.
• Commercial shellfish growers.
• Commercial fisheries.
• Washington ports.
• Tribal governments.
• Counties and cities.
• Environmental organizations.
• Recreational interests.
• State and federal agencies.

     Many of these committee members represented or were small businesses or local governments.

     All the committee meetings were open to the public and available through webinar.

     Ecology met with the rule advisory committee six times between January and June 2012. Each meeting focused on a specific topical area of the rule. Following the meeting, meeting notes and redrafted versions of the rule were developed to be revisited at future meetings. The iterative process helped to ensure sustained participation in the committee and more than one opportunity to comment on the draft language. Ecology prepared press releases, focus sheets and other explanatory materials for distribution to mailing and e-mail lists for each of the committee meetings. In addition, information was posted on the spills program rule web site which details the process and other opportunities for involvement.

     Ecology also established special web sites for the proposed rule at www.ecy.wa.gov/programs/spills/rules/1106.html and the rule advisory committee at www.ecy.wa.gov/programs/spills/rules/1106advisorycommittee.html. The initial draft rule, also available for public comment, was constantly updated and improved through this six-month iterative process. Ecology incorporated more than three hundred comments, all of which served to improve the final updated draft rule language.

     The department also distributed news releases to media across the state prior to each meeting (see www.ecy.wa.gov/news/2012/022.html, www.ecy.wa.gov/news/2012/061.html, www.ecy.wa.gov/news/2012/092.html, www.ecy.wa.gov/news/2012/121.html, and www.ecy.wa.gov/news/2012/153.html).

     Section 6: NAICS Codes of Impacted Industries.

     The table below lists NAICS codes for industries ecology expects could be impacted by the proposed rule amendments.4


Table 4: NAICS Codes that Include Businesses Possibly

Needing to Comply with the Proposed Rule Amendments



541711 237120 237310
237110 483113 483211
488330 493190 424710
562910 424720 486110
561990 322110 541614
336611 324110

     Section 7: Impact on Jobs.

     Ecology used the Washington state office of financial management's 2002 Washington input-output model5 to estimate the impact of the proposed rule on jobs in the state. The model accounts for interindustry impacts and spending multipliers of earned income and changes in output.

     The proposed rule will result in transfers of money within and between industries; plan holders and PRCs complying with the proposed rule amendments will pay employees or businesses providing equipment or services, including VOO.

     Under the low-cost estimates, the Washington state economy could experience a net gain of twenty-four jobs in the short run (under the proposed rule amendments), as compliance costs transfer funds from complying entities to those manufacturing physical aerial and sea assets, and to training VOO. Similarly, under the high-cost estimates, the Washington state economy could gain forty-six cumulative jobs in the short run, as expenditures on equipment and training support jobs in manufacturing and VOO. These prospective changes in overall employment in the state are actually the sum of multiple small increases and decreases across industries in the state, in addition to the large gains in the aircraft and ship manufacturing industries.


     1http://www.governor.wa.gov/news/Executive_Order_10-06.pdf.

     2Best available technology.

     3Impacts to all entities, public and private, in-state and out-of-state are considered in the cost-benefit analysis, Ecology Publication 12-08-005.

     4North American Industry Classification System (NAICS) codes have largely taken the place of standard industry classification (SIC) codes in the categorization of industries.

     5See the Washington State Office of Financial Management's site for more information on the Input-Output model. http://www.ofm.wa.gov/economy/io/2002/default.asp.

     A copy of the statement may be obtained by contacting Education and Outreach Specialist, Spills Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7211, fax (407) 407-7288 [(360) 407-7288], e-mail spillsrulemaking@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Education and Outreach Specialist, Spills Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7211, fax (407) 407-7288 [(360) 407-7288], e-mail spillsrulemaking@ecy.wa.gov.

August 14, 2012

Polly Zehm

Deputy Director

OTS-4901.2


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-010   Purpose.   The purpose of this chapter is to establish covered vessel and facility oil spill contingency plan requirements (Part II) ((and)), drill and equipment verification requirements (Part III), primary response contractor standards (Part IV) and recordkeeping and compliance information (Part V).

     (1) The provisions of this chapter, when followed, should be implemented and construed so that they will:

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

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

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

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

     (e) For covered vessels, provide the highest level of protection that can be met through the use of best achievable technology and those staffing levels, training procedures, and operational methods that constitute best achievable protection as informed by the BAP five year review cycle (WAC 173-182-621) and as determined by ecology.

     (2) The planning standards described in this chapter do not constitute clean-up 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 so that all reasonable efforts are made to do so. In a spill or drill deployment of equipment and personnel shall be guided by safety considerations. The responsible party must take all actions necessary and appropriate to immediately collect and remove, contain, treat, burn and disperse oil entering waters of the state and address the entire volume of an actual spill regardless of the planning standards.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-010, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 and implement 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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-015, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 07-14, filed 11/7/07, effective 12/8/07)

WAC 173-182-030   Definitions.   (1) "Aerial oil spill spotter" (spotter) means personnel trained to:

     (a) Direct vessels to the heaviest concentrations of oil;

     (b) Direct dispersant resources;

     (c) Direct in situ burn resources; and

     (d) Observe document and report the effectiveness of response operations.

     (2) "Aerial observer" means a trained observer that monitors, records and reports the spill characteristics including the shoreline impacts, area oiled, color, and thickness of the oil. Observers also provide data to the command post through the development of detailed maps of the area oiled and the resources in the field as well as other photographs, videos, or documents developed to support planning.

     (3) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. Ecology's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering:

     (a) The additional protection provided by the measures;

     (b) The technological achievability of the measures; and

     (c) The cost of the measures.

     (4) "Best achievable technology" means the technology that provides the greatest degree of protection. Ecology's determination of best achievable technology will take into consideration:

     (a) Processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development; and

     (b) The effectiveness, engineering feasibility, and the commercial availability of the technology.

     (5) "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))) (6) "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))) (7) "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))) (8) "Cascade" means to bring in equipment and personnel to the spill location in a succession of stages, processes, operations, or units.

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

     (a) A written contract between a plan holder and a primary response contractor or other provider 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 or other provider within stipulated planning standard times; acknowledges that the primary response contractor ((intends to)) or other provider commits the identified resources in the event of an oil spill.

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

     (((7))) (11) "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))) (12) "Demise charter" means that the owner gives possession of the ship to the charterer and the charterer hires its own master and crew.

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

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

     (((11))) (15) "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))) (16) "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))) (17) "Ecology" means the state of Washington department of ecology.

     (((14))) (18) "Emergency response towing vessel" means a towing vessel stationed at Neah Bay that is available to respond to vessel emergencies upon call out under the contingency plan. The emergency response towing vessel shall be available to the owner or operator of the covered vessel transiting to or from a Washington port through the Strait of Juan de Fuca, except for transits extending no further west than Race Rocks Light, Vancouver Island, Canada.

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

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

     (((17))) (22) "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))) (23) "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))) (24) "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))) (25) "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))) (26) "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))) (27) "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))) (28) "Nondedicated" means those response resources listed by a primary response contractor for oil spill response activities that are not dedicated response resources.

     (((24))) (29) "Nonpersistent or group 1 oil" means:

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

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

     (((25))) (b) A nonpetroleum oil with a specific gravity less than 0.8.

     (30) "Nonpetroleum oil" means oil of any kind that is not petroleum-based, including but not limited to: Biological oils such as fats and greases of animals and vegetable oils, including oils from seeds, nuts, fruits, and kernels.

     (31) "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))) (32) "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))) (33) "Oil" or "oils" means oil of any kind that is liquid at atmospheric temperature and pressure and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, biological oils and blends, 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))) (34) "Oily waste" means oil contaminated waste resulting from an oil spill or oil spill response operations.

     (((29))) (35) "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))) (36) "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))) (37) "Operational period" means the period of time scheduled for execution of a given set of operational actions as specified in the incident action plan. The operational period coincides with the completion of one planning cycle.

     (38) "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((.)); and

     (d) 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))) (39) "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))) (40) "Passive recovery" means a tactic that uses absorbent material to mitigate impacts to shorelines.

     (41) "Persistent oil" means:

     (a) 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 60°F, as follows:

     (((a))) (i) 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))) (ii) 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))) (iii) 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))) (iv) Group 5 - Specific gravity greater than 1.0000. API gravity equal to or less than 10.0.

     (((34))) (b) A nonpetroleum oil with a specific gravity of 0.8 or greater. These oils are further classified based on specific gravity as follows:

     (i) Group 2 - Specific gravity equal to or greater than 0.8 and less than 0.85;

     (ii) Group 3 - Specific gravity equal to or greater than 0.85 and less than 0.95;

     (iii) Group 4 - Specific gravity equal to or greater than 0.95 and less than 1.0; or

     (iv) Group 5 - Specific gravity equal to or greater than 1.0.

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

     (((37))) (44) "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))) (45) "Plan holder" means all covered facility owner/operators required to submit contingency plans, all covered vessel owner/operators required to submit contingency plans or enroll under a vessel umbrella plan and the umbrella plan holders that submit contingency plans on behalf of multiple covered vessels owner/operators or facility owner/operators.

     (46) "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))) (47) "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))) (48) "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))) (49) "Regional response list" means a regional equipment list established and maintained by spill response equipment owners in the northwest area.

     (((42))) (50) "Regional vessels of opportunity response group" means a group of nondedicated vessels participating in a vessel of opportunity response system to respond when needed and available.

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

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

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

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

     (((46))) (55) "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))) (56) "Systems approach" means the infrastructure and support resources necessary to mobilize, transport, deploy, sustain, and support the equipment to meet the planning standards, including mobilization time, trained personnel, personnel call out mechanisms, vehicles, trailers, response vessels, cranes, boom, pumps, storage devices, etc.

     (57) "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))) (58) "Technical manual" means a manual intended to be used as a planning document to support the evaluation of best achievable protection systems for potential response capability of plan holder owned and PRC dedicated and nondedicated equipment.

     (59) "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))) (60) "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))) (61) "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))) (62) "Umbrella plan" means a single plan that is prepared by a plan holder to cover((s)) multiple vessels ((or facilities)).

     (((52))) (63) "Vessels of opportunity response system" means nondedicated vessels and operating personnel, including fishing and other vessels, available to assist in spill response when necessary. The vessels of opportunity are under contract with and equipped by contingency plan holders to assist with oil spill response activities including, but not limited to, on-water oil recovery in the near shore environment, the placement of oil spill containment booms to protect sensitive habitats, and providing support of logistical or other tactical actions.

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

     (((53))) (65) "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))) (66) "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))) (67) "WRIA" means a water resource inventory area as defined in chapter 173-500 WAC.

[Statutory Authority: Chapters 90.56, 88.46, 90.48 RCW. 07-22-119 (Order 07-14), § 173-182-030, filed 11/7/07, effective 12/8/07; 06-20-035 (Order 00-03), § 173-182-030, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-110, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-120   Submitting a contingency plan.   (1) Plan holders shall submit ((a)) plans to ecology no less than sixty-five days prior to ((the)) their planned date for 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.)) Electronic submission of plans is encouraged, provided it is in an electronic format acceptable to ecology.

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

     (4) The plans and all subsequent updates 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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-120, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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. Each update must contain all necessary content and meet the requirements of this chapter.

     (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.)) Within six months after the effective date of this chapter, all facility plan holders must update their plans to comply with the following sections as applicable to the facility:

     (a) Binding agreement (WAC 173-182-220).

     (b) Contingency plan general content (WAC 173-182-230(7)), claims procedures.

     (c) Contingency plan general content (WAC 173-182-260 (4)(c)(ii)), products handled.

     (d) Facility spills to ground notifications (WAC 173-182-264).

     (e) Planning standards for dispersants (WAC 173-182-325).

     (f) Planning standard for Group 5 Oils (WAC 173-182-324).

     (g) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.

     (3) For existing approved tank vessel plan holders and vessel umbrella plan holders, the following is required, as applicable to the plan holder:

     (((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.)) (a) Within six months after the effective date of this chapter, all tank vessel plan holders and vessel umbrella plan holders must update their plans to comply with the following sections:

     (i) Binding agreement (WAC 173-182-220).

     (ii) Contingency plan general content (WAC-173-182-230 (5)(f)).

     (iii) Contingency plan general content (WAC-173-182-230 (6)(a)(1-7)).

     (iv) Contingency plan general content (WAC 173-182-230(7)), claims procedures.

     (v) Aerial surveillance planning standard (WAC 173-182-321(2)), Additional surveillance assets.

     (vi) Planning standard for dispersants (WAC 173-182-325).      (vii) Planning standard for Group 5 Oils (WAC 173-182-324).

     (viii) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.

     (b) Within eighteen months after the effective date of this chapter, all tank vessel plan holders and vessel umbrella plan holders must update their plans to comply with the following sections:

     (i) Vessels of opportunity planning standard (WAC 173-182-317), Region 1 - Cape Flattery/Strait of Juan De Fuca.

     (ii) Aerial surveillance planning standard (WAC 173-182-321(1)), Helicopter/fixed wing.

     (iii) Dedicated on-water storage (WAC 173-182-335), at least twenty-five percent of the total worst case discharge requirement.

     (iv) San Juan County planning standard (WAC 173-182-370), four hour planning standard.

     (v) Neah Bay staging area (WAC 173-182-395), four hour planning standard.

     (vi) Covered vessel planning standard for shoreline cleanup (WAC 173-182-522).

     (vii) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.

     (c) Within thirty-six months after the effective date of this chapter, all tank vessel plan holders and vessel umbrella plan holders must update their plans to comply with the following sections:

     (i) Vessels of opportunity planning standard (WAC 173-182-317), Region 2 - San Juan Islands/North Puget Sound.

     (ii) Vessels of opportunity planning standard (WAC 173-182-317), Region 4 - Lower Columbia River.

     (iii) Aerial surveillance planning standard (WAC 173-182-321(3)), Helicopter/fixed wing with forward looking infrared.

     (iv) Covered vessel plan holder's technical manual requirement (WAC 173-182-349).

     (v) Commencement Bay Quartermaster Harbor planning standard (WAC 173-182-380), four hour planning standard.

     (vi) Cathlamet staging area (WAC 173-182-415), four hour planning standard.

     (vii) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.

     (d) Within forty-eight months after the effective date of this chapter, all tank vessel plan holders and vessel umbrella plan holders must update their plans to comply with the following sections:

     (i) Vessels of opportunity planning standard (WAC 173-182-317), Region 6 - Grays Harbor.

     (ii) Vessels of opportunity planning standard (WAC 173-182-317), Region 3 - South Puget Sound and Central Puget Sound.

     (iii) Vessels of opportunity planning standard (WAC 173-182-317), Region 5 - Admiralty Inlet, Hood Canal and North Puget Sound.

     (iv) Grays Harbor planning standard (WAC 173-182-450), four hour planning standard.

     (v) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.

     (4) Within eighteen months after the effective date of this chapter, all primary response contractors must update their applications to comply with the following section: Primary response contractor application content, submittal and review (WAC 173-182-810).

     (5) Each plan update will be given a thirty day public review and comment period. Ecology will approve, disapprove, or conditionally approve the plan update no later than sixty-five days from the update submittal date.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-130, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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

     (((a))) (1) Update and distribute the amended page(s) of the plan to ecology for review and approval; or

     (((b))) (2) 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.))

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-140, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-142   Significant changes to approved plans require notification.   (1) At any point during the five year approval period, if there is a temporary or permanent significant change in the personnel or response equipment described in the plan, the plan holder shall:

     (a) Notify ecology in writing within twenty-four hours of the change; and

     (b) Provide both a schedule for the prompt return of the plan to full operational status and a proposal for any backfill to compensate for the temporary significant change. This proposal shall be reviewed by ecology.

     (2) Changes which are considered significant include:

     (a) Loss of equipment that results in being out of compliance with any planning standard;

     (b) If greater than ten percent of available boom, storage, recovery, dispersants, in situ burn or shoreline clean-up equipment is moved out of the homebase as depicted on the WRRL;

     (c) Transfers of equipment to support spill response for out-of-region spills;

     (d) Permanent loss of initial response personnel listed in command and general staff ICS positions provided in the plan;

     (e) Permanent loss of personnel designated as the binding agreement signer;

     (f) Changes in normal operating procedures as described below:

     (i) For facilities changes in the oil types handled; changes in storage, capacity and tankage; changes in handling or processing of any product; and

     (ii) For vessels changes in the oil types handled.

     (g) Changes in equipment ownership if used to satisfy a plan holder planning standard; or

     (h) Modification or discontinuing of any mutual aid, letter of intent or contract agreement.

     (3) Notification by facsimile or e-mail will be considered written notice.

     (4) Failure to report changes in the plan could result in the loss of plan approval.

     (5) If the proposed change to the plan is to be made permanent, the plan holder then shall have thirty calendar days from notification to ecology to distribute the amended page(s) of the contingency plan to ecology for review and approval.

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

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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)) in any 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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-145, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 plan holder, owner or operator, or a designee with authority to bind the owners and operators of the facility or vessel covered by the plan. In the case of an umbrella plan, the umbrella plan holder that submitted the umbrella plan on behalf of enrolled vessels must sign the binding agreement. 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)) and to substantial threats of spills that occur in, or could impact Washington waters or Washington's natural, cultural and economic resources;

     (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 substantial threat of 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; and

     (e) Commit to working in unified command within the incident command system to ensure that all personnel and equipment resources necessary to the response will be called out to cleanup the spill safely and to the maximum extent practicable.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-220, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-230   Contingency plan general content.   (1) Contingency plans must include all of the content and meet all the requirements 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)) that enroll both tank vessels and nontank covered vessels, specify the worst case discharge volume and product type for both tank and nontank covered vessels for each port covered by the contingency plan.

     (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 entire 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.

     (v) If the entire contract for additional spill management team support is not included in the plan, that document shall be made available for inspection, if requested by ecology.

     (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) Inventory all tanks and list ((by)) tank capacity all oil(s) or product(s) handled by name and include; density, gravity (API), 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))) List all oil(s) or product(s) by name and include; density, gravity (API), group and amount carried as cargo or fuel;

     (g) 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)) provide ecology twenty-four hour access to the enrolled vessels list via the internet in a format acceptable to ecology. The list shall be updated daily, or at a minimum every three days. The list must at a minimum include the following:

     (i) Vessel name;

     (ii) Vessel type;

     (iii) Worst case discharge type and quantity;

     (iv) The name and API gravity of the densest oil being handled on the enrolled vessels;

     (v) Qualified individual/spill management team;

     (vi) Agent;

     (vii) PRC/supplemental resources provider; and

     (viii) P&I club.

     (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.

     (7) Plans shall include concise procedures to establish a process to manage oil spill liability claims of damages to persons or property, public or private, for which a responsible party may be liable.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-230, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-232   Requirements for vessel umbrella plans maintaining additional agreements for supplemental resources.   (1) Approved umbrella plans provide an efficient and cost-effective mechanism for enrolling vessel owner and operators in contingency plan coverage. Umbrella plans provide response resources to meet the requirements of this chapter. The umbrella plan may be approved for more than one worst case discharge, by port, in areas of operation covered by the plan. Any owner or operator of a covered vessel having a worst case discharge volume that exceeds resources under contract to the umbrella plan may still enroll only if, the vessel owner or operator maintains a contract with another primary response contractor that will provide supplemental response resources, and if those resources are sufficient to meet the requirements of this chapter. The vessel owner or operator must provide documentation that authorizes the umbrella plan holder to activate the supplemental response resources, sufficient to meet the worst case discharge of the covered vessel, during a drill, spill or substantial threat of a spill. Documentation must demonstrate the agreement and includes, but is not limited to, authorized representative and commitment letters from contractors, qualified individuals, insurance representatives, member signed enrollment agreements or other letters of intent.

     (2) The plan must describe the process for activation of the supplemental resources and shall include the documentation described in subsection (1) of this section. The process for accessing supplemental equipment will be tested in drills.

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 and a substantial threat 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 173-182-262 or 173-182-264 as applicable; and

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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-240, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-242   Additional requirements for vessel plan holders with access to the emergency response system at Neah Bay.   (1) Covered vessels that transit to or from a Washington port through the Strait of Juan de Fuca, except for transits extending no further west than Race Rocks Light, on Vancouver Island, Canada, must include the following information in their contingency plan:

     (a) Documentation of the vessel owner/operators contracted access to an emergency response towing vessel (ERTV) at Neah Bay;

     (b) Detailed information about the ERTV's capabilities and circumstances of potential activation and call out;

     (c) A commitment in the plan to participate in drills that test compliance with the requirements of RCW 88.46.135; and

     (d) Procedures for call out of the ERTV must be included in the field document.

     (2) Plan holders may request drill credit for an actual deployment of the tug to respond to a spill or vessel emergency, provided the plan holder follows the requirements in WAC 173-182-730.

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 groundwater.))

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-260, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-262   Vessel notification requirements for a discharge or substantial threat of a discharge.   (1) The owner or operator of a covered vessel must notify the state through the Washington emergency management division of a discharge or substantial threat of a discharge. Notification must be made within one hour of the discharge or substantial threat of a discharge, or as soon as is feasible without further endangering the vessel or personnel.

     (2) Vessel discharge notifications are in addition and made subsequent to notifications that the owner or operator of a covered vessel must provide to the United States Coast Guard. Vessels enrolled in umbrella plans must notify the umbrella plan holder in addition to the state.

     (3) Notification of the discharge or substantial threat of a discharge initiates activation of the plan. Upon notification:

     (a) The vessel owner/operator will coordinate as appropriate with the state of Washington and the United States Coast Guard to take any necessary actions to protect the public health, welfare, and natural resources of the state; and

     (b) The umbrella plan holder for plan implementation as described in the plan.

     (4) Notification procedures must be included in the plan.

     (5) The substantial threat of a discharge may be determined or affected by the following conditions:

     (a) Ship location and proximity to land or other navigational hazards;

     (b) Weather;

     (c) Tidal currents;

     (d) Sea state;

     (e) Traffic density;

     (f) Condition of vessel; and

     (g) Timing or likelihood of vessel repairs.

[]


NEW SECTION
WAC 173-182-264   Notification requirements for facility spills to ground or containment that threaten waters of the state.   (1) Facility plans shall contain procedures for notifications for spills to ground and to permeable secondary containment that threaten to impact waters of the state. All spills are considered reportable spills except spills which are known to be less than forty-two gallons. A spill is considered to have not impacted ground if it occurs on a paved surface such as asphalt or concrete.

     (2) Plan holders must also include procedures in their plan to address spills of an unknown volume. When addressing a spill of an unknown volume, plan holders may consider the following circumstances in determining when to make notifications:

     (a) Whether the spill is ongoing; and

     (b) Whether the spill is located in an area that is adjacent to waters of the state or where there is a pathway to waters of the state, and the environmental conditions, such as rain events, or known shallow groundwater make impacts to waters of the state likely.

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 maintain a list of the spill management team(s) for each vessel enrolled under the plan, and must describe the transition process from umbrella plan personnel to the incoming vessel owner or operator's team. The plan must include checklists and documentation to facilitate an effective transition.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-280, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-315   Facility planning standards for nondedicated work boats and operators.   Each facility 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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-315, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-317   Covered vessel planning standards for vessels of opportunity (VOO).   (1) This section applies to owners and operators of covered vessels and covered vessel plan holders who are required to have a plan for the use of VOO. In order to enhance the ability to respond to spills using nondedicated resources, Washington state approved PRCs cannot be identified in the plan as VOO. The VOO may be used in the following ways:

     (a) Protecting of sensitive habitats through the placement of oil spill booms;

     (b) On-water oil recovery in the nearshore environment;

     (c) Providing logistical spill response support; or

     (d) Supporting other tactical actions.

     (2) In order for a commercial vessel to be considered for the VOO program, the owner or operator will self-register through the on-line process developed by ecology, or through use of a form provided by ecology. VOO operators must renew their information annually, and will supply the following information as applicable to the vessel:

     (a) Name of vessel;

     (b) Length of vessel;

     (c) Year, make, and model of the vessel;

     (d) Vessel engine type(s) and horsepower;

     (e) Number of passengers certified to carry;

     (f) Number of cabins/berths;

     (g) The vessel's Lloyds Registry and/or International Maritime Organization (LR/IMO) number or official number;

     (h) Vessel operator contact information;

     (i) Vessel crew training records relevant to oil spill response;

     (j) Date of the most recent marine survey;

     (k) Date of the most recent USCG compliance inspection or boarding;

     (l) Date of expiration of USCG Certificate of Compliance or Certificate of Inspection, or Fishing Vessel Safety Examination Decal.

     (m) Vessel P&I club affiliation;

     (n) Vessel homeport and vessel hailing port;

     (o) Residence(s) of vessel owner and crew;

     (p) Tactics vessel would like to support;

     (q) Seasonal operations of the vessel;

     (r) Drug testing program for captain and crew; and

     (s) Plan holder or PRC with which the vessel is contracted.

     (3) In order for a recreational vessel to be considered for the VOO program the owner or operator will self-register through the on-line process developed by ecology, or through use of a form provided by ecology. VOO operators must renew their information annually, and will supply at a minimum the following information to the extent applicable to the vessel:

     (a) Name of vessel;

     (b) Length of vessel;

     (c) Year, make, and model of the vessel;

     (d) Vessel engine type(s) and horsepower;

     (e) Number of cabins/berths;

     (f) The state registration number and/or USCG documentation number or other official number;

     (g) Vessel owner contact information;

     (h) Vessel owner training relevant to oil spill response;

     (i) Date of the most recent marine survey;

     (j) Date of the most recent USCG Auxiliary Dockside Courtesy Inspection;

     (k) Vessel insurance information and coverage plan;

     (l) Vessel homeport and vessel hailing port;

     (m) Tactics vessel would like to support;

     (n) Residence of vessel owner; and

     (o) Plan holder or PRC with which the vessel is contracted.

     (4) For planning purposes VOO will be organized by regions. The regions are designed to ensure adequate numbers of VOO for contracting. Covered vessel plan holders shall have contracted access to VOO in the regions they transit or operate. VOO from all regions may be cascaded into the spill area if the VOO capability is appropriate for the operating environment. The regional areas include:

     (a) Region 1: Cape Flattery/Strait of Juan de Fuca.

     (b) Region 2: San Juan Islands/North Puget Sound.

     (c) Region 3: South Puget Sound/Central Puget Sound.

     (d) Region 4: Lower Columbia River.

     (e) Region 5: Admiralty Inlet/Hood Canal and North Central

     Puget Sound.

     (f) Region 6: Grays Harbor.



     (5) For each region a vessel plan holder transits or operates the plan holder must have a contract with the prescribed number of Tier I VOO below. VOO are nondedicated resources; the minimum number of VOO required assumes that one out of every two contracted vessels may be available at any time. In each region a percentage of the VOO must be pretrained and capable of the following tactics: On-water recovery, protection of sensitive areas, and logistical support with no more than fifty percent to be pretrained exclusively for logistical support.

     (a) Region 1: Plan holders must have contracts with a minimum of eighteen VOO at the Tier I level.

     (b) Region 2: Plan holders must have contracts with a minimum of twelve VOO at the Tier I level.

     (c) Region 3: Plan holders must have contracts with a minimum of twelve VOO at the Tier I level.

     (d) Region 4: Plan holders must have contracts with a minimum of twelve VOO at the Tier I level.

     (e) Region 5: Plan holders must have contracts with a minimum of twelve VOO at the Tier I level.

     (f) Region 6: Plan holders must have contracts with a minimum of twelve VOO at the Tier I level.

     (6) Plan holder obligations, as identified within this section, are subject to an adequate number of suitable and capable vessels enrolling with ecology. Plan holders may propose for review and approval an alternative planning standard for a VOO region if, after a good faith effort to contract with the minimum numbers of VOO, the plan holder is not successful. The alternative proposal must provide an equivalent or higher level of protection in terms of spill preparedness and response when compared with the planning standard. This proposal will be subject to a thirty-day public review and comment period, which includes, but is not limited to, interested local and tribal governments and other stakeholders. The alternative proposal must include:

     (a) Documentation that there are insufficient numbers of VOO registered.

     (b) Documentation describing the selection criteria and a description of how the Tier II enrolled vessels do not meet the criteria.

     (c) A detailed description of the alternative being proposed.

     (7) Vessels of opportunity will be designated in one of the following two tiers:

     (a) Requirements for Tier I designated vessels include:

     (i) Under contract with the plan holder.

     (ii) Pretrained through a combination of classroom training, computer based education, equipment familiarization, and field training exercises appropriate to the tactics the vessel may be assigned, including:

     (A) HAZWOPER training must be appropriate to the tactics the vessel may be assigned as set forth in Title 29 of Code of Federal Regulations (C.F.R.) 1910.120;

     (B) Basic incident command system training;

     (C) Participation annually in at least one on-water training for the tactics for which the VOO is contracted;

     (D) Participate in at least one on-water deployment drill every three years.

     (iii) The department shall be invited to attend all VOO training events.

     (iv) Training records must be maintained for a period of five years. Training records shall be made available to the department upon request.

     (v) The vessel should agree under contract to make best efforts, if available, to mobilize within twelve hours of call out with crew as trained per this section.

     (b) Tier II designated vessels include: Commercial and recreational vessels that self-identify their interest in participation in the VOO program but are not under contract to a plan holder. Vessel plan holders shall describe in their contingency plan the process for rapidly training and contracting the Tier II vessels for at least logistical support tactics.

     (8) VOO drill requirements:

     (a) Plan holders shall incorporate Tier I VOO into deployment drills and tabletop drills.

     (b) Tabletop drills may incorporate simulated call out of vessels of opportunity by identifying the vessel and crew available to respond on the day of the drill. Data collected during the simulated call out shall include vessel name, crew names, estimated time of arrival on scene, availability on the day of the spill and the ability to support the response over days or weeks, and the task force or staging assignment of the vessel of opportunity.

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-320   Facility planning standards for aerial surveillance.   Each facility plan shall provide for aerial oil tracking resources capable of being on-scene within six hours of spill ((awareness)) notification. 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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-320, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-321   Covered vessel planning standards for aerial surveillance.   Covered vessels shall document the following aerial surveillance capability through the plan:

     (1) Access to a helicopter or fixed wing, under contract or other approved means, that is appropriately located and could have arrived with a trained aerial oil spill spotter (spotter) to those planning standard areas plan holders operate or transit within six hours of spill notification. The contracted asset must have the following capability:

     (a) Be capable of supporting oil spill containment and removal operations by providing oil spotting capability for at least ten hours per day during the initial seventy-two hours of an oil discharge.

     (b) Have a trained spotter on board the aerial asset capable of acquiring, interpreting, recording and communicating oil location and other information to the command post or field operations at regular intervals. The spotter must be equipped with a high definition photographic or video capability and be able to collect and disseminate the following data about the environmental and operational picture including the location of the oil, environmental impacts, and spill resources on-scene:

     (i) Latitude and longitude of the location, impacts, or spill resources;

     (ii) Azimuth and altitude that the picture was taken;

     (iii) Bearing that the picture was taken;

     (iv) Estimated extent of oiling; and

     (v) Time and date.

     (2) Plans must also include logistical sources of additional resources not under contract that may be utilized as additional spotting resources to maximize the effectiveness of enhanced skimming, or as resources to identify the extent of oil to inform shoreline clean-up and assessment teams and shoreline clean-up activities.

     (3) In order to provide best achievable technology for aerial oil surveillance, vessel plan holders must also provide for access to a helicopter or fixed wing asset, under contract or other approved means, with the capability to provide a strategic picture of the overall spill; assist in detection of slicks when they are not visible by persons operating at, or near, the water's surface or at night; extend the hours of clean-up operations to include darkness and poor visibility; identify oceanographic and geographic features toward which oil may migrate.

     (a) The aerial asset must be appropriately located and could have arrived with trained aerial observers to those planning standard areas plan holders operate or transit within eight hours of spill notification.

     (b) The aerial asset must be equipped with a suite of equipment that could support the capabilities described in this subsection. At least two remote sensing systems must be included in the suite and one of them must be a high definition infrared (IR) camera designed to support aerial operations from aerial platforms which at a minimum meets the following capabilities:

     (i) IR camera with sensors capable in either or both of the following ranges 3 to 5 µm or 8 to 14 µm;

     (ii) 640 x 480 focal pixel detector;

     (iii) Continuous optical zoom of 18x;

     (iv) Minimum thermal resolution .07; and

     (v) Plan holders must submit for approval the systems included in the suite. Plan holders may submit testing data for suites of equipment with alternative capabilities.

     (c) The trained oil spill aerial observer on board could begin gathering the following from the scene of the spill once on-site:

     (i) Graphically displaying processed multispectral data (at a minimum displaying the IR and optical windows), photographic images and other information onto electronic marine charts creating high contrast composite images;

     (ii) Ability to reference a map image to a geographic location;

     (iii) Location extent and relative thickness information for a reported oil sheen or slick;

     (iv) Transmitting processed images and other information to the unified command primary command post in near real time; and

     (v) Archiving all processed data and images; and

     (vi) Integrating spill images and other information with appropriate spill management software.

     (4) Plan holders must have access to enough personnel trained in aerial surveillance and as spotters to direct skimmers into the thickest oil to enhance on-water recovery and to support the activities described above. The names of individuals with this training, their home base and training levels must either be listed in the plan or made available to ecology upon request. At a minimum, personnel must be trained in aerial observation at the level set forth in federal regulations currently located at 33 C.F.R. 155.1050 (l)(2)(iii). A copy of this regulation is available through ecology upon request.

[]


NEW SECTION
WAC 173-182-324   Planning standards for Group 5 Oils.   (1) Plan holders carrying Group 5 Oils must have a contract with a PRC that maintains the resources and/or capabilities necessary to respond to a spill of Group 5 Oils. Such equipment shall include, but is not limited to, the following:

     (a) Sonar, sampling equipment or other methods to locate the oil on the bottom or suspended in the water column;

     (b) Containment boom, sorbent boom, silt curtains, or other methods for containing the petroleum oil that may remain floating on the surface or to reduce spreading on the bottom;

     (c) Dredges, pumps, or other equipment necessary to recover petroleum oil from the bottom and shoreline;

     (d) Equipment necessary to assess the impact of such discharges; and

     (e) Other appropriate equipment necessary to respond to a discharge involving the type of petroleum oil handled, stored, or transported.

     (2) The equipment must be suitable for the geographic area authorized for operations and these resources must be capable of being on scene within twelve hours of spill notification.

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-325   Planning standards for dispersants.   (1) Plan holders with vessels carrying Group ((II)) 2 or ((III)) 3 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, and dispersant type, 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) The plan holder must describe operational support capability, including the platforms and spotters used to deploy dispersants, monitor the operational efficacy of the dispersant application to support operational decision making, and ensure safety of response personnel.

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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-325, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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)) notification.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-330, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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. For covered vessels at least twenty-five percent of the total worst case discharge on-water storage requirement must be staged and dedicated to oil spill response.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-335, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-349   Covered vessel plan holders technical manuals.   (1) Each covered vessel plan holder that operates or transits in the Neah Bay, Cathlamet, or San Juan Islands planning standard areas must provide a technical manual that includes all of the equipment appropriate for the operating environment that is necessary to meet the recovery and storage requirements, through the forty-eight hour time frames.

     (2) The technical manuals will be used to inform the five year BAP cycle and support ecology's determination that the response systems, training levels, and staffing demonstrate best available protection.

     (3) Plan holders must use a systems approach to identify the equipment, including WRRL identification or other unique identification numbers, that will be used to describe the response systems in the technical manual. For each recovery system described include the following:

     (a) An operational picture or diagram of the recovery system, the EDRC for the system, and associated temporary storage;

     (b) The infrastructure and support resources necessary for deployment;

     (c) Associated vessels necessary to enhance the skimmer;

     (d) At least three hundred feet of boom to enhance the skimmer or an alternative based on manufacturers recommendations;

     (e) The mobilization time and home base for the equipment;

     (f) The ownership or mechanism for accessing the equipment for example, under contract, subcontract or letter of intent to the plan holder or other approved means;

     (g) If applicable, the ability of the recovery system to be used to support night operations;

     (h) The minimum number of personnel necessary to deploy the equipment for a twelve hour shift and the training level of personnel appropriate to operate the equipment and carry out recovery;

     (i) If alternative speeds are given for equipment associated with a recovery system the information should be included in the equipment description; and

     (j) The product type(s) the associated skimmer is optimized for.

     (5) For the storage requirement include the following:

     (a) An operational picture or diagram and capacity of the storage system;

     (b) The infrastructure and support resources necessary for deployment;

     (c) The mobilization time and home base for the equipment;

     (d) The ownership or mechanism for accessing the equipment for example under contract, subcontract or letter of intent to the planholder or other approved means;

     (e) The minimum number of personnel necessary to deploy the equipment for a twelve hour shift and the training level of personnel appropriate to operate the equipment;

     (f) If applicable the ability of the storage system to be used to support night operations;

     (g) If alternative speeds are given for equipment associated with the storage device the information should be included in the equipment description.

     (6) The technical manual is a standalone planning standard and is not intended to be used to demonstrate compliance with any other planning standards. Technical manuals are not intended to bind the use of any specific tactics during a drill or spill or to imply a guarantee of what will occur in a real spill event.

[]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 or the time specified in the letter of intent, mutual aid agreement or contract.

     (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)) may use geographic information systems (GIS), 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 or spills to verify alternative calculations.

     (c) If ecology grants plan holder or PRC owned response equipment an alternative mobilization, transit speed, recovery or storage volume, through the plan review process, and the alternative is not demonstrated to the satisfaction of the department during a drill or spill, it may result in disapproving the alternative.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-350, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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
4 At least an additional 200 feet of boom and temporary storage of at least 196 bbls with the ability to collect, contain, and separate collected oil from water could have arrived. The additional boom should be capable of encountering oil at advancing speeds of at least 2 knots in waves. This boom shall be of a type appropriate for the operating environment
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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-370, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-375, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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. 47°19'29"N Long. 122°27'23"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
4 At least an additional 200 feet of boom and temporary storage of at least 196 bbls with the ability to collect, contain, and separate collected oil from water could have arrived. The additional boom should be capable of encountering oil at advancing speeds of at least 2 knots in waves. This boom shall be of a type appropriate for the operating environment
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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-380, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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. 48°23'06"N Long. 124°35'59"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
4 At least an additional 200 feet of boom and temporary storage of at least 196 bbls with the ability to collect, contain, and separate collected oil from water could have arrived. The additional boom should be capable of encountering oil at advancing speeds of at least 2 knots in waves. This boom shall be of a type appropriate for the operating environment
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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-395, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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. 46°54'52.25"N Long. 124°10'26.45"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
4 At least an additional 200 feet of boom and temporary storage of at least 196 bbls with the ability to collect, contain, and separate collected oil from water could have arrived. The additional boom should be capable of encountering oil at advancing speeds of at least 2 knots in waves. This boom shall be of a type appropriate for the operating environment
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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-405, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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. ((46°44'00"N Long. 124°11'00"W)) 46°41'31.2"N Long. 124°5'41.99"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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-410, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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
4 At least an additional 200 feet of boom and temporary storage of at least 196 bbls with the ability to collect, contain, and separate collected oil from water could have arrived. The additional boom should be capable of encountering oil at advancing speeds of at least 2 knots in waves. This boom shall be of a type appropriate for the operating environment
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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-415, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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)) notification;

     (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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-450, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-520   Facility planning standards for shoreline cleanup.   Each facility 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 C.F.R. Part 155 Appendix B and 33 C.F.R. 154 Appendix C.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-520, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-522   Covered vessel planning standards for shoreline cleanup.   (1) Each contingency plan shall include procedures for identifying shoreline types that could be impacted by an oil spill and procedures to determine appropriate response tactics for the potentially impacted shorelines during spills. The plan should describe contracted access to shoreline clean-up workers and shoreline clean-up equipment to ensure the following capability can plan to arrive within twenty-four hours of spill notification:

     (a) Plan holders must have contracted access to one hundred trained shoreline clean-up workers. The shoreline clean-up workers must have appropriate safety and Hazwoper training and will not be counted towards other planning standards. The training should ensure clean-up workers can safely perform clean-up actions under the direction of the supervisors and the work assignment as developed by the unified command.

     (b) Plan holders must have contracted access to trained shoreline clean-up supervisors. Training for supervisors must include safety, Hazwoper, and relevant ICS courses. For planning purposes a ratio of 1:10 supervisors to clean-up workers should be available under contract to the plan holder. The shoreline clean-up supervisors will not be counted towards other planning standards. Supervisors must understand the ICS process and be able to direct workers consistent with the work assignments as developed by unified command.

     (c) Plan holders shall have access to adequate equipment for passive recovery for three miles of shoreline on three tide lines. The plan must identify the staging location(s) of the shoreline clean-up equipment.

     (d) The plan holder must have access to a shoreline clean-up trailer that can plan to support eighty to one hundred shoreline clean-up workers with personal protective equipment, hand tools, and other logistical support for three to five days.

     (2) Plan holders must describe how data collection, communications, data transmission and data management will be conducted.

     (3) The plan shall describe how the plan holder will obtain additional resources necessary to support fourteen additional days of shoreline cleanup. The description should include vendor names, contact information, resources, and approximate time frames for resources to arrive at a staging area.

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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)) notification.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-540, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 and comment period which includes, but is not limited to, interested local and tribal governments and other stakeholders.

     (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 lessons learned from spills, drills, and significant plan changes which indicated that the requirements of this section for approval are not met.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-620, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-621   Oil spill contingency plan best achievable protection five-year review cycle.   (1) Ecology will review the planning standards at five-year intervals to ensure the maintenance of best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response activities to the maximum extent practicable and without jeopardizing crew safety.

     (2) Ecology will adopt a five-year review cycle to ensure that the planning standards are updated to include proven new response technologies and response processes. In addition plan holders and other interested parties will be provided an opportunity to present information and proposals regarding spill prevention credits to support an alternative worst case discharge volume for the contingency plan. The review cycle is designed to evaluate BAP by assessing contributing elements including:

     (a) Best achievable technology;

     (b) Staffing levels;

     (c) Training procedures; and

     (d) Operational methods.

     (3) The review cycle will be used to evaluate a variety of spill operations, tools, and technologies including, but not limited to, the following:

     (a) Advancing systems for the removal of oil from the surface of the water;

     (b) Improving the performance of existing skimmer/boom and storage systems technology;

     (c) Improving the performance of in situ burn and dispersants technology;

     (d) Broadening the environmental conditions under which oil spill cleanup can take place;

     (e) Ensuring that the technology is deployable and effective in a real world spill environment; and

     (f) Considering tools or technology that are designed, produced, and manufactured in an energy-efficient process and products are reuseable, recyclable, and reduce waste.

     (4) Ecology may use the following processes to inform and update the use of BAP in the planning standards by:

     (a) Convening an advisory committee(s) to assist ecology during the five-year review cycle and promote BAP.

     (b) Evaluating the recovery systems identified in the technical manual during the five-year cycle to determine best achievable technology, and inform the development of future planning standards.

     (c) Sponsoring a technology conference during the five-year cycle in cooperation with persons, organizations, and groups with interests and expertise in relevant technologies; or

     (d) Conducting, reviewing or requiring studies, inquiries, surveys, or analyses appropriate to the consideration of new technologies, plan evaluation methods including EDRC, or best operational practices.

     (5) Ecology may prepare reports following either of the actions described in subsection (4) of this section. These reports will identify the new technologies, processes, techniques or operational practices that ecology considers to represent BAP.

     (6) Ecology will provide an opportunity for a thirty-day public review and comment period on the draft report.

     (7) Ecology will use the developed reports to update the contingency planning rule as necessary every five years.

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 any deficiencies within five business days. The public review and comment period does not begin until a complete plan is received.

     (2) Once a plan ((is)) has been determined to be complete, ecology shall notify interested parties, including local and tribal governments and make the plan((s)) available for public review((. Comments will be accepted during the first thirty calendar days of the review period.

     (3))) and comment.

     Ecology will accept comments on the plan no later than thirty days after the plan has been made publicly available. No later than sixty-five days from the date of public notice of availability, ecology will make a written determination that the plan is disapproved, approved, or conditionally approved. The written determination will be provided in the form of an order and subject to appeal as specified in chapter 43.21B RCW.

     (a) If the plan is approved, the plan holder receives a certificate ((describing the terms)) of plan approval((, including)) and plan expiration dates. Approved plans shall be valid for five years.

     (((a))) (b) If a plan is conditionally approved, 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)) In the conditional approval ecology will describe:

     (i) Each specific restriction and the duration for which they apply;

     (ii) Each required item to bring the plan into compliance; and

     (iii) The schedule for plan holders to submit required updates, including a reference to the regulatory standard in question.

     (((i) Precautionary measures)) (iv) Restrictions 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)) Restrictions may also include additional requirements to ensure availability of response equipment.

     (((ii))) (v) Conditional approval expires no later than eighteen months from date of issue before the plan holder must request an extension which is subject to public review.

     (vi) Ecology shall revoke its conditional approval prior to the expiration date of a plan holder((s)) who fails to meet the terms of the conditional ((requirements or provide required changes in the time allowed will forfeit conditional approval status)) approval. The revocation will be in the form of an appealable order.

     (((b))) (c) If plan approval is ((denied)) disapproved, the plan holder shall receive an explanation of the factors ((for denial and a list of actions necessary to gain approval)).

     (3) The owner or operator or plan holder shall not engage in oil storage, transport, transfer, or other operations without an approved or conditionally approved plan. Umbrella plan holders shall not enroll any vessels in a plan that has not been approved or conditionally approved, by ecology.

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

     (5) Public notice will be given of any plan approval, conditional approval, or disapproval of a plan.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-630, filed 9/25/06, effective 10/26/06.]


NEW SECTION
WAC 173-182-640   Process for public notice and opportunity for public review and comment period.   (1) The purpose of this section is to specify the procedures for notifying the public which includes interested local and tribal governments about contingency plan status and decisions in order to provide opportunities for the public to review and comment. If plan holders submit only paper copies of their contingency plan, the paper copies may be scanned to ensure public review can occur via a secure on-line web portal. Interested public, local, and tribal governments can also schedule time at the ecology offices to review the plan.

     (2) In order to receive notification of the public review and comment period, interested public, local, and tribal governments must sign up on a listserv. Ecology's web site will also be used to post notice of public review and comment periods.

     (3) Public comment periods must extend at least thirty days. Public notice, review, and comment periods are required in the following circumstances:

     (a) Plan submittals for facilities or vessels that have never submitted a plan in Washington;

     (b) Plan updates required by WAC 173-182-130;

     (c) The submittal of plans for five-year review as required by WAC 173-182-120;

     (d) Requests for an alternative planning standard in accordance with WAC 173-182-620;

     (e) Plan holder requests for drill requirement waivers in accordance with WAC 173-182-740; and

     (f) PRC applications submitted under WAC 173-182-810.

     (4) Public notice, review, and comment period are not required in the following circumstances:

     (a) Routine updates to names, phone numbers, formatting, or forms that do not change the approved content of the plan;

     (b) Plan updates to resubmit the binding agreement based on changes to the binding agreement signer; and

     (c) Annual plan reviews that result in a letter to ecology confirming that the existing plan is still accurate.

[]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-700   Drill participation, scheduling and evaluation.   (1) Plan holders and primary response contractors (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) Plan holders and PRCs shall ensure ecology ((shall be)) is provided an opportunity to help design and evaluate all tabletop and deployment drills for which the plan holder desires drill credit. 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 following each deployment and tabletop drill. 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) Where plan deficiencies have been identified in the written evaluation ((may require)), plan holders may be required to make specific amendments to the plan or conduct additional trainings to address the deficiencies.

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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-700, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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. Except the tank vessel multiplan holder deployment drill which must be scheduled at least 60 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.
ERTV Deployment Drill for covered vessels transiting the Strait of Juan de Fuca 1 - One in each three year cycle, this is an additional deployment drill unless it is incorporated into a large multiobjective deployment drill. This drill may involve notifications and tug call out, communications safety, tug demonstration of making up to, stopping, holding, and towing a drifting or disabled vessel and holding position within one hundred feet of another vessel. Scheduled at least 30 days in advance.
Wildlife Deployment Drill 1 - One in each three year cycle. This is an additional drill unless it is incorporated into a large multiobjective deployment drill. This drill will be a deployment of wildlife equipment and wildlife handlers. Scheduled at least 30 days in advance.
Tank vessel multiplan holder deployment drill 1 - One in each three year cycle. This drill may involve dedicated and nondedicated equipment, vessels of opportunity, multiple simultaneous tactics, and the verification of operational readiness over multiple operational periods. Scheduled at least 60 days in advance.

     (1) Tabletop drills:

     (a) Tabletop drills are intended to demonstrate a plan holder's capability to manage a spill using the incident command system (ICS). Role playing shall be required in this drill. During all required tabletop drills plan holders must provide a master list of equipment and personnel identified to fill both command post and field operations roles. The master resources list must include:

     (b) Western regional response list identification numbers for all response actions, including shoreline cleanup and other response tactics; and

     (c) Personnel names, affiliation, home base and command post or field role.

     (2) 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:)). However, at ecology's discretion, ((away)) team members that are out-of-state may be evaluated in out-of-state tabletop drills if ecology has sufficient notice, an opportunity to participate in the drill planning process, and provided 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)) six years.

     (((2))) (3) Umbrella plan holders and ecology shall together design a systematic approach to, over time, involve all spill management teams identified in WAC 173-182-230 (6)(a) in tabletop and deployment drills as a best practice to demonstrate the preparedness of enrolled vessel members. These drills will be scheduled by the plan holder or unannounced to be conducted by ecology, at the discretion of ecology. These drills may test any plan components but at a minimum will include notification to the enrolled vessel qualified individual, coordination of supplemental resources under WAC 173-182-232 and the transition from the umbrella plan spill management team to the enrolled vessel company spill management team.

     (4) Equipment deployment drills: Plan holders shall use deployment drills to demonstrate the actions they would take in a spill, including: Notifications, safety actions, environmental assessment, and response equipment deployment.

     (a) During the triennial cycle, deployment drills shall include a combination of plan holder owned ((and)) assets, contracted PRC assets, nondedicated assets, and vessels of opportunity.

     (b) Plan holders should ensure that each type of dedicated 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 and the suitability of the system for the operating environment. 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 geographic response plan (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 provided the transfer is scheduled as a deployment on the drill calendar. Such credit may only be requested once per triennial cycle.

     (((3))) (5) 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 on the drill calendar, and participates in or observes the drill.

     (((4))) (6) Additional large-scale multiple tank vessel plan holder equipment deployment drill requirement. Once every three years all tank vessel plan holders, including vessel umbrella plan holders that enroll tank vessels, must participate in a multiple plan holder deployment exercise. At least one plan holder shall be the drill planning lead, participate in all the planning meetings and observe the drill. This deployment may include the following objectives:

     (a) Demonstration of dedicated and nondedicated equipment and trained contracted personnel;

     (b) Demonstration of contracted vessel of opportunity response systems and crew performing operations appropriate to the vessel capabilities;

     (c) Demonstration of multiple simultaneous tactics including:

     (i) On-water recovery task forces made up of complete systems which demonstrate storage, recovery, and enhanced skimming;

     (ii) Protection task forces which deploy multiple GRPs;

     (iii) Vessel and personnel decontamination and disposal;

     (iv) Deployment of contracted aerial assessment assets and aerial observers to direct skimming operations; and

     (v) Personnel and equipment identified for night operations.

     (d) Verification of the operational readiness during both the first six hours of a spill and over multiple operational periods.

     (7) Additional deployment requirement for vessel plan holders with contracted access to the ERTV. Once every three years plan holders with contracted access to the ERTV must cosponsor a drill that includes deployment of the ERTV, unless ERTV drill credit has already been received under WAC 173-182-242 (1)(e). This drill must be scheduled on the area exercise calendar. The drill shall include at a minimum:

     (a) Notifications and tug call out;

     (b) Safety and environmental assessment;

     (c) Demonstration of making up to, stopping, holding, and towing a drifting or disabled vessel;

     (d) Demonstration of the capability to hold position within one hundred feet of another vessel; and

     (e) Communications.

     (8) Additional deployment requirement for all plan holders. Once every three years plan holders must deploy regional mobile wildlife rehabilitation equipment and personnel necessary to set up the wildlife rehabilitation system found in the plan. This is an additional deployment drill unless it is incorporated into a large multiobjective deployment drill.

     (9) For all plan holders, ecology ((initiated)) may initiate 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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-710, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-720   Evaluation criteria.   The ((PREP)) ecology drill evaluation process is based on the National Preparedness for Response Exercise Program (NPREP) guidance document. The NPREP guidance document lists fifteen core components that shall be demonstrated by the plan holder during the triennial cycle. Ecology adopts the fifteen core components as the criteria used to evaluate plan holder tabletop and deployment 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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-720, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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 and comment, including interested local and tribal governments and other stakeholders, 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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-740, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

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) Identify and train staff and supervisors expected to be deployed on oil spill response tactics or used to meet the planning standards;

     (f) Assist plan holders in meeting the requirements for plans and drills in Washington; and

     (g) List response equipment on the western regional response list currently located at www.wrrl.us, or provide an equivalent electronic equipment list and commit to maintaining the equipment list in whatever format is provided.

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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-800, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-810   Content submittal and review of contractor applications.   (((1))) The PRC application must contain the following information as applicable to the capabilities of the PRC:

     (1) A list of primary response contractor personnel indicating whether they are full-time, part-time, or subcontracted including their homebase or office location, and the spill management team roles or tactical roles they may fill in a response.

     (a) If personnel are available to the primary response contractor via subcontract a summary of the contract terms for personnel resources should be included in the application. The contract shall be made available to ecology upon request.

     (b) A list of all staff training, including training of subcontractors if applicable, and a description of the frequency of essential core training response staff receive.

     (c) The training program must include at a minimum:

     (i) Safety training;

     (ii) Training on-site safety assessment;

     (iii) Assessment of environmental conditions;

     (iv) Determination that equipment is appropriate for the conditions;

     (v) Air monitoring equipment and documentation; and

     (vi) Development of a hazard worksheet.

     (d) Additional training as necessary for personnel that may be relied upon to perform these tasks:

     (i) Conducting site safety briefings;

     (ii) Use and deployment of limited visibility tracking devices;

     (iii) Utilization and coordination of communications equipment;

     (iv) Transfer of a product from skimmer to on-water and shoreside storage;

     (v) Containment of a land spill from entering water by channeling, diverting, or berming;

     (vi) Fast water river response strategies;

     (vii) High current marine response strategies;

     (viii) GRP or protection strategy familiarization and deployment;

     (ix) Anchoring and setting boom;

     (x) Familiarization and deployment of PRC owned oiled-wildlife rehabilitation equipment;

     (xi) On water recovery including enhanced skimming;

     (xii) Directing field resources;

     (xiii) Incident command system training for spill management team roles.

     (2) A list of all communication assets by type and location. The frequencies and geographical ranges must be included. This list must be maintained and if not included in the application made available to ecology upon request.

     (3) A list of response equipment must be submitted electronically to ecology or via western response resource list, at www.wrrl.us, containing the following information:

     (a) All equipment must be given a unique company identifier, and this identifier must be submitted on the list provided to ecology.

     (b) Equipment must include the minimum number of personnel required to operate successfully for one shift.

     (c) The location the equipment is stored using latitude/longitude in the WGS 1984 coordinate system. The coordinates must be in decimal degree format.

     (d) The type of equipment, including manufacturer's name, manufacture date, model and specifications.

     (e) For boom, list the length, manufacturer's name, model, size, and date of manufacture.

     (f) For oil recovery devices state the manufacturer's name, model, EDRC or approved alternative, manufacture date, and operating environment.

     (g) For temporary storage list the maximum capacity in barrels.

     (h) For workboats list the vessel name and/or identifier, length, and vessel type, manufacturer, engine type(s) and horsepower.

     (4) A detailed description of the vessel of opportunity program.

     (5) A detailed description of other response technologies systems available such as in situ burn, bioremediants, and other chemical agents.

     (6) A detailed description of any wildlife rescue and rehabilitation resources. Include a list of contracts or agreements with any trained wildlife rescue and rehabilitation personnel.

     (7) A detailed description of equipment and personnel that would be used for shoreline cleanup. This should include a description of training resources for additional clean-up personnel.

     (8) A list of agreements for access to shoreside storage. Include the owner, location, and general estimate of volume.

     (9) A list of agreements for fixed wing and rotary aircraft used to support spill clean-up operations.

     (10) A detailed description of remote sensing equipment and aerial surveillance resources and personnel that the primary response contractor has under contract or letter of intent that could be used to detect and track the extent and movement of oil or direct on-water recovery operations.

     (11) 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))) (12) 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))) (13) 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))) (14) Once the PRC application is approved, the PRC must certify in writing on a quarterly basis that the list of equipment the contractor maintains in their application or on the WRRL is accurate. Any contractor that doesn't maintain their list on the WRRL, must resubmit their electronic list on a quarterly basis.

     (15) Notification by facsimile or e-mail will be considered written notice.

     (16) Failure to certify the accuracy of the equipment list on a quarterly basis may result in the loss of PRC approval.

     (17) 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))) (18) 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.

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-810, filed 9/25/06, effective 10/26/06.]


AMENDATORY SECTION(Amending Order 00-03, filed 9/25/06, effective 10/26/06)

WAC 173-182-820   Significant changes require notification.   (1) The PRC is responsible to provide written notification to ecology and all 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.

     (2) Changes which are considered significant include:

     (a) 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))) results in being out of compliance with any planning standard of any plan holder covered by the PRC;

     (b) Transfers of equipment to support spill response for out-of-region spills;

     (c) If greater than ten percent of available boom, storage, recovery, dispersants, in situ burn or shoreline clean-up equipment is moved out of the homebase as depicted on the WRRL;

     (d) Loss of primary response contractor personnel identified to fill ICS positions for plan holders;

     (e) Changes in equipment ownership if used to satisfy a plan holder planning standard; or

     (f) Modification or discontinuing of any mutual aid, letter of intent, or contract agreement.

     (3) Notification by facsimile or e-mail will be considered written notice.

     (4) Failure to report changes could result in the loss of PRC approval.

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

[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-820, filed 9/25/06, effective 10/26/06.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 173-182-360 General planning standards for covered vessel transit locations for all of Puget Sound.