PROPOSED RULES
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.
• | 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 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. |
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. |
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. |
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 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.
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 |
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). |
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 |
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.
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 |
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. |
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
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 |
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.]
(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.]
(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.]
(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.]
(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.]
(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.]
(((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.]
(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.
[]
(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.]
(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.]
(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.]
(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.
[]
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.]
(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.
[]
(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.]
(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.
[]
(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.
[]
(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.]
[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.]
(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.
![]() |
(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.
[]
[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.]
(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.
[]
(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.
[]
(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.]
(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.]
[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.]
(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.
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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.]
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.]
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(( |
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 (( |
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.]
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.]
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.]
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.]
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.]
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.]
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.]
[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.]
(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.
[]
[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.]
(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.]
(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.
[]
(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.]
(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.
[]
(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.]
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. |
(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.]
(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.]
(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.]
(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.]
(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.]
(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.]
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. |