Original Notice.

     Preproposal statement of inquiry was filed as WSR 00-05-096.

     Title of Rule and Other Identifying Information: The department of ecology is proposing new chapter 173-182 WAC, Oil Spill Contingency Planning. This rule sets standards for vessel and facility:

•	Oil spill contingency plans.
•	Drills that test plans, and the
•	Approval of primary response contractors.

     Hearing Location(s): Columbia Basin College, Gjerde Center, 2600 North 20th Avenue, Pasco, WA 99301, (509) 547-0511 ext. 2240, on July 11, 2006, at 6:00 p.m.; at the Washington State University-Vancouver Campus, Student Services Building, Room 129-130, 14204 N.E. Salmon Creek Avenue, Vancouver, WA 98686, (360) 546-9588, on July 13, 2006, at 6:00 p.m.; at the City Council Chambers, Main Chamber Room, 321 East 5th Street, Port Angeles, WA 98362, (360) 457-0411, on July 15, 2006, at 4:00 p.m.; at the Hampton Inn, Fox Hall, 3985 Bennett Drive, Bellingham, WA 98225, (360) 676-7700, on July 18, 2006, at 6:00 p.m.; and at the Highline Community College, Building 7, 2400 South 240th, Des Moines, WA 98198, (206) 878-3710, on July 19, 2006, at 6:00 p.m.

     Date of Intended Adoption: September 25, 2006.

     Submit Written Comments to: Elin Storey, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail cplanrule@ecy.wa.gov, phone (425) 649-7111, fax (360) 407-7288, received by 5 p.m., on July 26, 2006.

     Assistance for Persons with Disabilities: Contact Susanne McLemore by July 5, 2006, TTY (800) 833-6388.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of ecology spill prevention, preparedness and response program is creating a new chapter of rules for vessel and facility oil spill contingency plans. The existing rules are over ten years old and they:

•	Require vessels, facilities, and pipelines to plan for worst case oil spills.
•	Require plan holders to use state approved response contractors.
•	Describe a program for drill exercises to test the plans.

     The two existing chapters of rules, chapters 173-181 and 317-10 WAC, will be repealed at a later date.

     Reasons Supporting Proposal: The rule updates are necessary in order to build on the last ten years of improvements in spill preparedness, and to move current guidance into rule to comply with the Supreme Court's Hillis decision.

     Statutory Authority for Adoption: RCW 88.46.060, 88.46.120, 88.46.160, 90.48.080, 90.56.050, 90.56.060, 90.56.210, 90.56.240, 90.56.340, and ESSB 6244 as signed in 2006.

     Statute Being Implemented: Chapters 90.56 and 88.46 RCW and modified by 2006 legislature (ESSB 6244).

     Rule is necessary because of state court decision, 3/97 Washington state supreme court decision in Hillis v. WA State Department of Ecology.

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

     Name of Agency Personnel Responsible for Drafting and Implementation: Linda Pilkey-Jarvis, Olympia, Washington, (360) 407-7447; and Enforcement: Dale Jensen, Olympia, Washington, (360) 407-7452.

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

     Introduction: If more than minor costs are imposed by proposed rules on businesses, chapter 19.85 RCW requires that a small business economic impact statement (SBEIS) be completed. This SBEIS was done in compliance with this requirement.

     The proposed chapter of rules has been reviewed and it has a disproportionate impact on small businesses. Cost minimizing features have been included in the rule development.

     It should be noted that many, if not all, of the companies surveyed for this analysis and were treated as a small business in this study, are in reality large corporations with few or zero direct employees in Washington -- In fact, ecology believes that only less than 6% of the respondents are actually small businesses, if we were able to obtain total American employment. The state applies a narrow definition of small business.

     Brief Description of Changes Affecting Small Businesses: The primary impact from the proposed rules will be shifting from requirements that have been in guidance into these rules. Most small businesses answering the 2003-2004 survey of plan holders are in compliance with the guidance and should be able to comply with the new rules.

     The Baseline for Comparison: The baseline for comparison for this analysis is the shift from the existing state and federal requirements to the proposed chapter of rules. The draft CBA contains an explanation of this reasoning.

     Changes in proposed rules: The proposed rules are extensive and complex, though much of the language is similar to both the existing rules and the federal requirements. The sections of the rules that create a change from the baseline are described here. A more detailed description can be found in the cost benefit analysis available on line at www.ecy.wa.gov/programs/spills/spills.html.

     Contingency Planning: The new rules provide some streamlining of plan requirements, for example ecology no longer requires a system for categorizing spills by size and type, scenarios for small and worst case spills. The rules capitalize on the regional planning efforts by allowing references to the northwest area contingency plan (NWACP) for environmental sesitivites [sensitivities] (GRPs), disposal plan, ICS job descriptions, ICS process, communications systems, and description of the relationships with other plans. The development of umbrella plans is encouraged; for example, a company with several facilities or multiple vessels can submit one plan and gain a savings in costs. Costs may be greater than the current rules with the new requirement that planholders submit yearly update or a letter to Ecology affirming no changes. Ecology believes this option would be a low cost feature for small businesses.

     Equipment Planning Standards: As proposed, these standards either equal or exceed the federal contingency planning standards and address spill assessment, boom requirements, recovery and storage of oily waste, in-situ burn and dispersants, shoreline cleanup, aerial observation, and availability of workboats to support spill response. The proposed requirements will result in resources staged closer to the coastal entrances to state waters, to be more adequately prepared for offshore spills. The proposed rules drop the performance standard from the planning standards. This is a cost savings from the existing guidance and WAC.

     The proposed rules also address planning for ground water spills and spills along pipeline corridors. Most of the pipelines and tank farms were able to meet the two hour standard before the guidance changed to proposed rules.

     The cost of the equipment for individual companies was difficult to estimate. No plan holder directly owns sufficient equipment to cover their worst case spill. There is a reliance on contracting for assistance. Ecology therefore calculated the cost by subtracting the share of equipment required by the federal program from the total equipment needed under the proposed rules. This state share was divide [divided] by the existing equipment to get a percentage share of equipment for each type of equipment (boom, recovery, and storage). That percentage is then multiplied times the value of each type of equipment in the proposed rules. The value of the equipment is based on the annualized value of each type of equipment taken from 2003-2004 survey data.

     Those who own the equipment will charge plan holders with insufficient equipment for the right to claim access to the equipment in their plans. Therefore, the cost of the agreements, may reflect the cost of access to this equipment.

     Drills: The proposed rules closely follows the existing guidance in most cases. The rules call for one tabletop drill per year and two deployments. Once in a three year period, one of the tabletops must be a worst case drill. Twice in a three year period, a deployment drill must include verifying or testing of a geographic response plan strategy. Unannounced drills are on an "as necessary" basis, and do not constitute an additional drill. The number of unannounced drills is expected to be two out of every three year cycle for most plan holders. The scope and frequency of table top and deployment drills under the new rules is consistent with the federal requirements.

     Current ongoing costs: Reported costs for drills required by the state were difficult to interpret. Some of the companies that have a small presence in Washington and must therefore be classified as small business, are in fact multinational corporations. They meet their drill requirements in other states. Thus much of the reported costs, especially for vessels, includes drills that were done out-of-state. It is unclear what share of the costs of out-of-state drills should accrue to the existing rules since the drills were intended to meet both the requirements of either the federal government or another state, and often not the requirements of Washington's rules. Some respondents reported the cost of doing unannounced drills that were not done in Washington and some reported doing many more drills than are required in Washington. Ecology has been unable to remove many of these issues, thus the drill costs are probably overstated.

     Expected changes in costs: Most changes should be cost neutral. The largest cost change is created by dropping the requirement for a full scale unannounced deployment drill every year. Ecology expects that these will be focused drills, done for each company no more than two out of every three years. These drills are not common and the reporting on these costs was limited. These savings are prospective only. Ecology did not enforce the annual requirement for a full scale unannounced drill in the existing rules. However, it is the shift in the legal requirements that must be valued. Because they are not the norm, the data available on the cost of these drills is very limited. The estimated savings for vessel companies is $45 thousand every third year or $15 thousand per year. The estimated savings for facilities is $11,000 every third year or $3,700. The estimated savings for the response contractors ranges from $3,000 (small response contractors) to $18,000 (large response contractors) per drill. The response contractors report billing less than this to their plan holders, so these costs may be included elsewhere in the contract such as flat annual costs. An additional cost is imposed by an added limited deployment drill. These costs range from $4,000 to $8,000 per drill. These costs vary based on the company reporting. The net effect for most vessels and some large facilities is a net reduction in costs. Response contractors are mandated to assist with drills and therefore should also see cost reductions. There is an expected small reduction in total existing drilling costs.

     Training: The new rules require that plan holders commit to the training of personnel to implement the plan. The plan must describe the type and frequency of training that each individual listed in the plan receives. The key difference between the existing and new rules are the inclusion of a list of specific training topics: Incident command system, northwest area contingency plan policies, use and location of geographic response plans, the contents of the plan and worker health and safety as appropriate. There is also a requirement that new employees complete the training program prior to being assigned job responsibilities which require participation in emergency response situations. The new rules also allow the inspection of training records.

     Training costs under the current rules and current federal requirements are $4 million per year. This training would be necessary for either the state or the federal requirements and are therefore not a direct cost of the proposed rules. However, given that a share of the equipment used is required by the state and given that the federal government requires training on all equipment, the training is prorated over to the state and federal requirements based on shares of equipment.

     Overhead and Other Costs: Overhead costs such as insurance and indirect costs associated with management under the current rules and the federal requirements are $3.4 million per year. This cost would be necessary for either the state or the federal requirements and should not change. They are therefore not a cost of the proposed rules.

     Comparison of Impacts to Small and Large Companies: Small companies bear a disproportionate share of the costs. Ecology has measured the disproportionate impact to business based on total costs divided by the number of employees. The ratio was calculated for all small companies taken together and for all large companies taken together.

     Ratio = Total cost for all companies/total employment for all companies.

     Large employers pay nearly $1000 per employee and small companies pay $23,000 per employee. It should be noted here that the definition of a small company depends on the number of employees within Washington and that some of the companies treated as small companies are actually part of multinational corporations.

     The primary difference for small and large employers is the fact that the larger companies have a substantia [substantial] investment in equipment and rely less on contracts and letters of agreement. Given this, the totals for each have been handled differently.

•	Large companies have a great deal of equipment and include the large response contractors. The cost of equipment is largely borne by response contractors and then charged out to the plan holders. Therefore, for the large employers, the response contractors costs were not summed into the total, in order to avoid double counting.
•	Small companies tend to rely heavily on the response contractors and following this same procedure would tend to create a biased impression of lower costs. Therefore, in this case the cost of equipment is not summed into the total in order to avoid double counting.

     Note that much of the reported response contractors and letter of agreement cost for the small businesses is income on the large business side.

     Table 2: Comparing Impacts to Large and Small Businesses

Large Employers				Small Employers
Items	State Requirements			Items	State Requirements
Planning	$	-		Planning
Equipment Annualized	$	4,045,524		Equipment Annualized	$	536,804
PRC & Letter of Agreement	$	1,254,066		PRC & Letter of Agreement	$	3,175,078
Drill Costs	$	(192,098)		Drill Costs	$	(37,613)
Training	$	1,580,572		Training	$	117,535
Overhead	$	-		Overhead	$	-
Other Costs	$	-		Other Costs	$	-
Total: Net out PRC Overlap*	$	5,433,998		Total: Net out PRC Overlap*	$	3,255,000
Cost Per Employee	$	988		Cost Per Employee	$	23,167

     The impact is disproportionate. The ratio of small business costs per employee to large business costs per employee is twenty-three. If the equipment/response contractors summation were treated the same way the ratio would still be four. Finally, if the data were analyzed for the two companies, which may be small based on total United States employment, and then the cost per employee for them would be $8,000. This is still larger than the $1000 per employee for the large companies and provides a ratio of $8 to $1.

     NAICS Codes Affected: The plan holders have many different types of businesses, some of which only incidentally involve holding or transporting large quantities of chemicals or oil. The following NAICS codes have more than one entity in the state which will be affected by these proposed rules.

     114100     Fishing

     324110     Petroleum Refineries

     325998     All Other Miscellaneous Chemical Product and Preparation Manufacturing

     422690     Other Chemical and Allied Products Merchant Wholesalers

     234910     Oil and Gas Pipeline and Related Structures Construction

     422710     Petroleum Bulk Stations and Terminals

     483111     Deep Sea Freight Transportation

     483112     Deep Sea Passenger Transportation

     483113     Coastal and Great Lakes Freight Transportation

     487210     Scenic and Sightseeing Transportation, Water

     483211     Inland Water Freight Transportation

     Business Survey: Ecology conducted a survey of affected businesses in late 2003 and early 2004. To some extent, these results may be out of date. For example, since the survey was conducted two of the large response contractors have merged and certain costs (such as overhead) reduced through efficiencies. Respondents are invited to revise their earlier survey responses. The survey requested information on the following costs¹ for the SBEIS:

     1. Reporting.

     2. Record keeping.

     3. Compliance costs.

     4. Professional services that a small business is likely to need in order to comply.

     5. Equipment.

     6. Supplies.

     7. Labor.

     8. Increased administrative costs.

     9. Lost sales or revenue.

     Changes to Reduce Costs: RCW 19.85.030 requires that the following methods to reduce costs be used if it is legal and feasible to do so. The bulleted items below fall into one of each of the listed categories (a) through (e) except that it is not possible to reduce or modify the fee schedule.

     (a) Reducing, modifying, or eliminating substantive regulatory requirements;

     (b) Simplifying, reducing, or eliminating record-keeping and reporting requirements;

     (c) Reducing the frequency of inspections;

     (d) Delaying compliance timetables;

     (e) Reducing or modifying fine schedules for noncompliance; or

     (f) Any other mitigation techniques.

     The cost reducing features are laid out by the requirement sections to make it more familiar to plan holders. The following are areas where savings can gain over the current rules:

     Contingency Planning:

•	No requirement to create a system for categorizing spills by size and type.
•	No requirement to create a scenario for small and worst case spills.
•	Allowing a reference to the northwest area contingency plan (NWACP) for environmental sesitivites [sensitivities] (GRPs), disposal plan, ICS job descriptions, ICS process, and description of the relationships with other plans.
•	Create a single plan for both federal and state requirements.
•	Encouraging the development of umbrella plans where costs can be shared.
•	No requirement to describe the response methods to clean up oil in various environments.
•	Equipment lists may be referenced from the response contractors or the northwest area equipment web site.
•	No requirement to describe and include the communication systems the plan holder will use.
•	No prevention requirements.
•	The proposed rules drop the performance standard from the planning standards. This is a cost savings from the existing guidance and WAC.

     Drills:

•	Unannounced drills will only be required in two out of three years.

     Equipment:

•	During the rule-making process businesses were concerned that storage requirements in the draft rules were not viable for some areas of the state. These have been reduced and should now allow for staging of existing equipment, if the businesses cooperate with each other.

     Steps to Involve Business: Small businesses have had opportunities to be involved, informed and to advise the department on the outcome of the rules. During the rule process, an advisory committee was formed with representatives from small businesses appointed to the group. A survey of affected businesses offered them a chance to report their costs. There have been group and individual meetings with small businesses. We have used focus sheets, e-mails distribution lists, and PowerPoint presentations to communicate with small businesses about these rules.

     We are also developing a separate media strategy to accelerate the outreach to persons who may be affected by the new rules.

     Public hearings will be held July 11-19 in the following cities: Pasco, Vancouver, Port Angeles, Bellingham and SeaTac. Official public comment period will be June 7, 2006 through July 26, 2006. For more information visit our web site at www.ecy.wa.gov/programs/spills/spills.html.

¹ RCW 19.85.040 lists these costs as the costs that must be considered.

     A copy of the statement may be obtained by contacting Elin Storey, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (425) 649-7111, fax (360) 407-7288, e-mail cplanrule@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Elin Storey, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (425) 649-7111, fax (360) 407-7288, e-mail EABR461@ecy.wa.gov.

June 6, 2006

Polly Zehm

Deputy Director

OTS-8863.3

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

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

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

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

[]

     (1) Vessels subject to this chapter are considered "covered" vessels and include the following vessels, other than public vessels, mobile facilities or to spill response vessels that are exclusively dedicated to spill response activities, when operating on the waters of this state:

     (a) Tank vessels.

     (b) Cargo vessels that are three hundred or more gross tons.

     (c) Passenger vessels that are three hundred or more gross tons and have a fuel capacity of at least six thousand gallons.

     (2) Facilities subject to this chapter are considered "covered" facilities and include:

     (a) Those facilities that:

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

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

     (b) Those facilities that because of their location, could reasonably be expected to cause substantial harm to the environment if they were to discharge oil into or on the navigable waters of the state or the adjoining shorelines.

     (3) Response contractors must be approved by the department before they may serve as primary response contractors for an onshore or offshore facility contingency plan.

[]

[]

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

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

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

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

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

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

     (6) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel required to participate in this regulation. Public vessels are not covered vessels for the purposes of this chapter.

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

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

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

     (10) "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.

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

     (12) "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 tank covered vessel, in a single transaction.

     (13) "Geographic Response Plans (GRP)" means response strategies developed and approved by the Northwest Area Committee and published in the Northwest Area Contingency Plan.

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

     (15) "High risk sites for planning standards" means an area determined by ecology to contain one or more navigational hazards, abuts or includes areas of critical environmental concern.

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

     (17) "Interim storage site" 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. Interim storage sites include shoreside fixed and portable tanks, trucks, barges, and other vessels or vehicles used to store recovered oil or oily waste until transport begins.

     (18) "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.

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

     (20) "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.

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

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

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

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

     (23) "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.

     (24) "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.

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

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

     (27) "Onshore facility" means any facility, as defined in subsection (12) 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.

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

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

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

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

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

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

     (30) "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.

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

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

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

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

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

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

     (33) "Pipeline" means a pipeline connected to a facility, and not owned or operated by the facility referred to in subsection (12) of this section.

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

     (35) "Plan" means oil spill response, cleanup, and disposal contingency plan for the containment and cleanup of oil spills from the vessel or facility 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.

     (36) "Plan holder" means a facility, vessel company or nonprofit company who has submitted an oil spill contingency plan to the Washington state department of ecology.

     (37) "Planning standards" means goals 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.

     (38) "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.

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

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

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

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

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

     (44) "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.

     (45) "Systems approach" means an assessment of the infrastructure and the support resources that a plan holder or a PRC has to mobilize, transport, deploy, sustain, and support the equipment resources necessary for response.

     (46) "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.

     (47) "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.

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

     (49) "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.

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

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

     (52) "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.

     (53) "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.

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

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     (a) The owner or operator; or

     (b) The owner or operator of the facilities at which the 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 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 nontank vessels regulated under this chapter, a plan may be submitted by any of the following:

     (a) The owner or operator; or

     (b) The agent for the 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 owner or operator is a member; or

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

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

     (a) The owner or operator; or

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

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

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

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

     (4) The plans shall be delivered to:

     Department of Ecology

     Spill Prevention, Preparedness, and Response Program

     Preparedness Section, Contingency Plan Review

     Mailing address:

     P.O. Box 47600

     Olympia, WA 98504-7600

     Physical Address:

     300 Desmond Drive

     Lacey, WA 98503

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     (2) For existing approved facility plan holders:

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

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

     (3) For existing approved vessel plan holders:

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

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

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

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

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

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

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

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

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

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     (2) The plan holder must receive approval from ecology 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) The plan holder has been directed to perform such actions by the state and federal on-scene coordinators.

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     (a) Unified command has been established during a spill; or

     (b) When significant plan updates are identified or significant lessons can be captured.

     Plan holders must accurately track and account for the entire volume of oil recovered and oily wastes generated and disposed during spills.

     (2) Plan holders must provide these records to ecology upon request.

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

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

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     (2) In the statement, the signator will:

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

     (b) Commit to notification of spills and significant threats of spills;

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

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

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

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     (2) In Washington state, the Northwest Area Contingency Plan (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) If vessel operations differ by areas, a worst case volume for each area may be submitted to ecology for consideration.

     (iii) For multiple facilities using a single plan, one worst case spill volume is required for each facility location.

     (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 regulation.

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

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

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

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

     (iv) If a plan holder relies on a PRC to staff ICS positions for the spill management team, then the contract or letter summarizing the terms of the contract shall specifically identify that commitment.

     (f) If applicable, a list of all other plans that are relied on for spill response and describe how coordination will occur.

     (4) Additional facility content.

     Facility plans shall include:

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

     (b) Starting date of operations;

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

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

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

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

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

     (5) Additional vessel 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;

     (g) Oil volume capacity;

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

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

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

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

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

     (b) Umbrella plans for vessels shall include list by group and amount the oil handled, by the types of vessels that are to be enrolled in the plan. In addition, vessel diagrams shall be available for inspection by ecology. The procedure for the plan holder to acquire vessel diagrams needs to be documented in the plan.

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

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

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

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

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

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

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

     (4) The plan must list procedures that will be used to confirm the occurrence of a spill, estimate the quantity and nature, and to later correct or update the initially reported estimated quantity or the area extent of the contamination if it changes significantly.

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     (2) The list shall also identify the name of a central reporting office or individuals who are responsible for implementing the notification and call-out process.

     (3) This list need not be included in the plan, but shall be available for review by ecology upon request and verified during drills.

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

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     (2) Maintenance records shall be kept for at least five years and made available if requested by ecology for inspection.

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     (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 unit/branch level as depicted in the NWACP standard ICS organizational chart. 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 be from the state's approved PRC list.

     (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) 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 ICS, NWACP policies, use and location of GRPs, the contents of the plan and worker health and safety as appropriate. 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) 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 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) Vessel umbrella plans must include the transition from umbrella plan personnel to the vessel owner or operator's team.

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

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

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

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

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     (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 and each boom must have an additional one thousand feet of conventional boom, tow bridles and work boats capable of towing the boom for burning operations.

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

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

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     (1) Determination of efficiency of recovery systems in varied operating environments and product types

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

     (b) For all oil recovery systems that rely on a vessel of opportunity or nondedicated transport asset, include a statement on how the asset would be located and secured. Include in the plan the mobilization time needed to ensure the assets are available and on scene in a timely manner, as well as the time needed to set up the oil recovery system, and the personnel that will be used in the operations.

     (2) Determination of effective daily recovery capacity (EDRC).

     When evaluating contingency plans and PRC applications, ecology will determine an effective daily recovery capacity (EDRC) of oil recovery devices in order to consider potential limitations from available daylight, weather, sea state, interim storage associated with the recovery device and percentage of emulsified oil in the recovered material. When calculating the EDRC, the formula R = T x 24 hours x E will be used.

     R = Effective daily recovery capacity

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

     E = 20 percent (efficiency factor).

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

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

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

     (c) Documented performance during verified spill incidents; and

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

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

     R = D x U

     R = Effective daily recovery capacity

     D = Average oil recovery throughput rate in barrels per hour

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

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

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

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     (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) When computing planning standard calculations, 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, mobilization equals thirty minutes. For all other dedicated response equipment mobilization equals one hour. Nondedicated resources shall have a mobilization time of three hours.

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

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

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

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

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Time (hours)	Boom/Assessment	Minimum Oil Recovery Rate % of WCS volume per 24 hours	Minimum Storage
1	Must meet standards in chapters 173-180 and 317-40 WAC, Oil transfer rule
2	Must meet standards in chapters 173-180 and 317-40 WAC, Oil transfer rule
6	Additional 10,000 feet of boom to be used for containment, recovery or protection could have arrived	Capacity to recover the lesser of 10% of worst case spill volume or 12,500 barrels within 24-hour period could have arrived	2 times the EDRC
12	Additional 40,000 feet of boom to be used for containment, recovery or protection could have arrived	Capacity to recover the lesser of 15% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived	2 times the EDRC
24	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 20% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived	3 times the EDRC
48	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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     (a) To determine the initial booming requirements, select the widest stream within the WRIA.

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

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

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

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

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

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

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

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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 largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6	Additional 10,000 feet combination of appropriate types of boom to be used for containment, protection or recovery could have arrived	Capacity to recover the lesser of 3% of worst case spill volume or 12,000 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 40,000 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	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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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 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 12,000 barrels within 24-hour period could have arrived. 50% must be able to work in shallow water environments - depth of 10 feet or less	1 times the EDRC
12	Additional 20,000 feet of appropriate types of boom for containment, protection or recovery could have arrived	Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived on scene. At least 20% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less	1.5 times the EDRC
24	Additional 40,000 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	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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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 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 12,000 barrels within 24-hour period could have arrived	1 times the EDRC
12	Additional 10,000 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 40,000 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	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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

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

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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 largest vessel of open water boom whichever is less, to be used for containment, protection or recovery could have arrived
6	Additional 6,000 feet of boom with at least 4,000 feet of open water boom for containment, protection and recovery could have arrived	Capacity to recover the lesser of 3% of worst case spill volume or 12,000 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 10,000 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 40,000 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	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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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 largest vessel of open water boom whichever is less, to be used for containment, protection or recovery could have arrived on scene
6	Additional 12,000 feet of boom with at least 6,000 feet of open water boom for containment, protection or recovery could have arrived	Capacity to recover the lesser of 3% of worst case spill volume or 12,000 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 10,000 feet of boom combination of types appropriate for containment, protection and recovery could have arrived	Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 60% of the skimming capability must be able to work open water environments	1.5 times the EDRC
24	Additional 20,000 feet combination of types appropriate for containment, protection and recovery could have arrived	Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived	2 times the EDRC
48	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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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 largest vessel of boom to be used for containment, protection or recovery could have arrived on scene
6	Additional 6,000 feet of boom with at least 1,000 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 12,000 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 10,000 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 40,000 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	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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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 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 12,000 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 10,000 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 40,000 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	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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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 largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6	Additional 7,000 feet of boom with at least 4,200 feet of boom being calm water - current capable for containment, protection or recovery could have arrived	Capacity to recover the lesser of 3% of worst case spill volume or 12,000 barrels within 24-hour period could have arrived. 10% must be able to work in shallow water environments - depth of 10 feet or less	1 times the EDRC
12	Additional 10,000 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 40,000 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	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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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 largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6	Additional 6,000 feet of boom with at least 3,000 feet of boom being calm water - current capable containment, protection or recovery could have arrived	Capacity to recover the lesser of 3% of worst case spill volume or 12,000 barrels within 24-hour period could have arrived. 10% must be able to work in shallow water environments - depth of 10 feet or less	1 times the EDRC
12	Additional 10,000 feet of boom with at least 5,000 feet of boom being calm water - current capable, for containment, protection or recovery could have arrived	Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 25% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less	1.5 times the EDRC
24	Additional 40,000 feet of boom with at least 10,000 feet of boom being calm water - current capable for boom containment, protection or recovery could have arrived	Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived	2 times the EDRC
48	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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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 largest vessel whichever is less, to be used for containment, protection or recovery could have arrived
6	Additional 8,000 feet of boom with at least 4,800 feet of boom being calm water - current capable for containment, protection or recovery could have arrived	Capacity to recover the lesser of 3% of worst case spill volume or 12,000 barrels within 24-hour period could have arrived. 10% must be able to work in shallow water environments - depth of 10 feet or less	1 times the EDRC
12	Additional 10,000 feet of boom with at least 5,000 feet of boom being calm water - current capable, for containment, protection or recovery could have arrived	Capacity to recover the lesser of 10% of worst case spill volume or 36,000 barrels within 24-hour period could have arrived. At least 25% of the skimming capability must be able to work in shallow water environments - depth of 10 feet or less	1.5 times the EDRC
24	Additional 40,000 feet of boom with at least 10,000 feet of boom being calm water - current capable for boom containment, protection or recovery could have arrived	Capacity to recover the lesser of 14% of worst case spill volume or 48,000 barrels within 24-hour period could have arrived	2 times the EDRC
48	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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Time (hours)	Boom/Assessment	Minimum Oil Recovery Rate % of WCS volume per 24 hours	Minimum Storage Volume
3	A safety assessment of the spill by work boat with trained crew and appropriate air monitoring, with 1,000 feet of boom could have arrived
6	Additional 10,000 feet of boom appropriate for containment, protection or recovery could have arrived	Capacity to recover the lesser of 3% of worst case spill volume or 12,000 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 40,000 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	Sensitive areas protected by sufficient types and amounts of boom	Capacity to recover the lesser of 25% of worst case spill volume or 60,000 barrels within 24-hour period could have arrived	More as necessary to not slow the response

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

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

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

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

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

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

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

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

     (b) The plan shall include a description of the sensitive areas and develop strategies to protect the resources, including information on natural resources, coastal and aquatic habitat types and sensitivity by season, breeding sites, presence of state or federally listed endangered or threatened species, and presence of commercial and recreational species, physical geographic features, including relative isolation of coastal regions, beach types, and other geological characteristics. The GRPs have been developed to meet this requirement and plans may refer to the NWACP to meet this requirement. If approved GRPs do not exist in the NWACP, plan holders will work with ecology to determine alternative sensitive areas to protect;

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

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

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

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

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

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     (2) The plan shall include a description for how the resources necessary to support fourteen days of shoreline cleanup will be obtained and brought to the spill site.

     (3) Resources shall be appropriate to the shoreline areas that could be impacted and have the capability to arrive on scene within twenty-four hours.

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     (2) Facility plan holders shall include contact information in the plan for resources typically used to investigate, contain and remediate/recover spills to ground water. These resources shall have the capability to arrive on scene beginning at twelve hours of spill awareness.

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     (1) Only ecology approved PRC resources, plan holder owned resources and resources guaranteed through written mutual aid agreements shall be counted when calculating the planning standards.

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

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

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

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

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     (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 would provide an equivalent level of environmental protection in terms of spill preparedness and response when compared with the planning standards found in this chapter.

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

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

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

     (a) Ecology may approve a plan conditionally and require a plan holder to operate under specific restrictions until unacceptable components of the plan are revised, resubmitted and approved.

     (i) Precautionary measures may include, but are not limited to, additional information for the plan, reducing oil transfer rates, increasing personnel levels, or restricting operations to daylight hours. Precautionary measures may also include additional requirements to ensure availability of response equipment.

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

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

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

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

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

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

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

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

     (7) Ecology may require the plan holder to participate in additional drills beyond those required in this section.

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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 all types of equipment and demonstrating compliance with the planning standards.	Scheduled at least 30 days in advance.
Ecology initiated unannounced drills	As necessary	This drill may involve testing any component of the plan, including notification procedures, deployment of personnel, boom, recovery and storage equipment.	No notice.

     (1) Tabletop drills:

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

     (b) Once during each three year cycle, the plan holder shall ensure that key members of the regional/national "away" team as identified in the contingency plan shall be mobilized in state for a drill, except that: At ecology's discretion, away team members may be evaluated in out-of-state tabletop drills if ecology has sufficient notice, an opportunity to participate in the drill planning process, and that the out-of-state drills are of similar scope and scale to what would have occurred in state. In this case, key away team members shall be mobilized in this state no longer than once every five years.

     (2) Equipment deployment drills:

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

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

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

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

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

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

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

     (a) In addition to the drills listed above, ecology will implement a systematic unannounced drill and inspection program to survey, assess, verify, inspect or deploy response resources 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 vessel notification drills are designed to test a vessel's ability to follow the notification and call-out process in the plan.

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

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

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     (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.

     (12) Transportation both for execution of the discharge and support functions.

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

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

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

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

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

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

     (b) Plan holders shall also submit a lessons learned summary with the request for drill credit.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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     (a) Place conditions on approval; and

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

     (c) Revoke its approval.

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

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

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

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

     (3) Ecology may assess a civil penalty under RCW 43.21B.300 of up to one hundred thousand dollars against any person who is in violation of this section. Each day that a facility or person is in violation of this section shall be considered a separate violation.

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

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