Current through Register Vol. 63, No. 3, March 1, 2024
(1) The purpose of this rule is to establish
oil spill prevention and emergency response contingency planning standards for
onshore and offshore facilities, pipelines and vessels that will, when
followed:
(a) Promote the prevention of oil
spills;
(b) Promote a consistent
west coast approach to oil spill prevention and response;
(c) Maximize the effectiveness and timeliness
of oil spill response by responsible parties and response
contractors;
(d) Ensure readiness
of equipment and personnel;
(e)
Support coordination with state, federal and other contingency plans in
particular the state plan required under ORS
468B.495
- 468B.500; and
(f) Protect Oregon
waters and other natural resources from the impacts of oil spills.
(2) A plan that conforms to DEQ's
planning standards, or alternative planning standard approved or required by
DEQ as provided in subsection (2)(a) and (2)(b), may be approved if all other
planning requirements in this Division are met:
(a) Plans submitted that are based on
standards that differ from DEQ's planning standards must be supported by a
detailed analysis that fully supports the methodology proposed. Alternative
planning standards proposed by a plan submitter must be consistent with
regional goals, be defended by the plan writer during public review of the plan
and be approved by DEQ.
(b) DEQ
will apply the applicable planning standard when evaluating the adequacy of a
plan submitted to DEQ for approval, unless the planning standards do not fully
reflect the unique circumstances of a particular facility or vessel. If DEQ
determines that the plan does not fully protect the environment despite
compliance with the general planning standards, DEQ will provide a detailed
written explanation of its decision outlining the basis for its decision and
the specific changes needed in the submitted plan.
(3) Plan writers must identify in their plans
adequate resources to protect the areas potentially affected by a spill from
their facility or vessel. The plan must state how the Planning Standards,
including any performance standards, will be achieved. Required resources are
further described in section (4)(a), (4)(b) and (4)(c) of this rule. The lands
and waters of the state are divided into Zones and sub-Zones for planning
purposes. Planning standards are established for each Zone and sub-Zone covered
by this Division:
(a) Facilities located in a
sub-Zone of the Columbia River must meet the following planning standards,
except as provided in subsections (g) and (h) of this section:
(A) By 1 hour after the discovery of a spill,
the facility must have deployed containment boom around the spill source. The
length of boom on hand for this purpose must be at least four times the length
of the largest vessel, or combined vessel lengths, potentially at that
facility. The boom must be placed in the water in a location and fashion so as
to contain and facilitate recovery of the greatest amount of oil from the
water.
(B) By 2 hours after the
discovery of a spill, responders listed in the plan must be prepared to
participate in an initial assessment of the release. The amount of boom
deployed and available in reserve to be deployed, if needed, must be eight
times the length of the largest vessel, or combined vessel lengths, potentially
at that facility.
(C) By 6 hours
after the discovery of a spill, the facility must arrange for recovery of
spilled oil. There must be equipment and personnel on site with the ability to
recover the lesser of 12,000 barrels of oil or an amount of oil equal to 10
percent of the facility's worst case spill from the water in the next 24
hours.
(D) By 12 hours after the
discovery of a spill, the facility must have 35,000 feet of boom deployed or
available at the designated staging area for equipment deployment. Facilities
handling only nonpersistent oils need to have 15,000 feet of boom at this time.
All facilities must have the ability at or before this time to recover the
lesser of 36,000 barrels of oil or 15 percent of the worst-case spill volume
from the water in the next 24 hours. Facilities must have the ability to assess
the impact of a spill on wildlife. Responders listed in the plan must have the
ability to identify shoreline impacts.
(E) By 24 hours after the discovery of a
spill, the facility must have in place equipment and personnel with the ability
to recover oil from the water to the lesser of 48,000 barrels of oil or 20
percent of the worst case spill volume in the next 24 hours.
(F) By 48 hours after the discovery of a
spill, the facility must have in place equipment and personnel with the ability
to recover oil from the water to the lesser of 60,000 barrels of oil or 25
percent of the worst case spill volume in the next 24 hours.
(b) Facilities located in the
Coastal Bays Zone must meet the following planning standards:
(A) By 1 hour after the discovery of a spill,
the facility must have deployed containment boom around the spill source. The
length of boom on hand for this purpose must be at least four times the length
of the largest vessel, or combined vessel lengths, potentially at that
facility. The boom must be placed in the water in a location and fashion so as
to contain and facilitate recovery of the greatest amount of oil from the
water.
(B) By 2 hours after the
discovery of a spill, responders listed in the plan must be prepared to
participate in an initial assessment of the release. The amount of boom
deployed and available in reserve to be deployed if needed must be eight times
the length of the largest vessel, or combined vessel lengths, potentially at
that facility.
(C) By 6 hours after
the discovery of a spill, the facility must arrange for recovery of spilled
oil. There must be equipment and personnel on site with the ability to recover
the lesser of 12,000 barrels of oil or an amount of oil equal to 10 percent of
the facility's worst-case spill from the water in the next 24 hours.
(D) By 12 hours after the discovery of a
spill, the facility must have 35,000 feet of boom deployed or available at the
designated staging area for equipment deployment. Facilities handling only
nonpersistent oils need to have 10,000 feet of boom at this time. All
facilities must have the ability to recover oil at or before this time and have
in place equipment and personnel with the ability to recover the lesser of
36,000 barrels of oil or 15 percent of the worst case spill volume from the
water in the next 24 hours. Facilities must have the ability to assess the
impact of a spill on wildlife. Responders listed in the plan must have the
ability to identify shoreline impacts.
(E) By 24 hours after the discovery of a
spill, the facility must have deployed or have at the designated staging area
for equipment deployment an amount of boom equal to 35,000 feet. Facilities
handling only nonpersistent oils need to have 15,000 feet of boom at this time.
All facilities must have in place equipment and personnel with the ability to
recover from the water the lesser of 48,000 barrels of oil or 20 percent of the
worst case spill volume in the next 24 hours.
(F) By 48 hours after the discovery of a
spill, the facility must have the ability to recover oil from the water to the
lesser of 60,000 barrels of oil or 25 percent of the worst case spill volume in
the next 24 hours.
(c)
Offshore facilities located in the Open Ocean Zone;
(A) By 1 hour after the discovery of a spill,
the offshore facility must have begun deploying the open ocean rated boom
required to be at the facility. This must be an amount of boom equal to the
full perimeter of the offshore facility plus the length of the largest vessel
or barge, or combined vessel lengths, moored at the offshore
facility.
(B) By 6 hours after the
discovery of a spill, responders listed in the plan must be prepared to
participate in an initial assessment of the release. The offshore facility must
also have the ability to begin recovering oil so an amount equal to 10 percent
of the worst-case spill volume can be recovered in the next 24 hours and stored
on site.
(C) By 12 hours after the
discovery of a spill, the offshore facility must have the ability to deploy
protective boom at all sensitive coastal locations within 25 miles of the
offshore facility. Facilities must have the ability to recover the lesser of
36,000 barrels of oil or 15 percent of the worst case spill volume from the
water in the next 24 hours. Facilities must have the ability to assess the
impact of a spill on wildlife. Responders listed in the plan must have the
ability to identify shoreline impacts.
(D) By 24 hours after the discovery of a
spill, the offshore facility must have the ability to recover oil from the
water to the lesser of 48,000 barrels of oil or 20 percent of the worst case
spill volume in the next 24 hours.
(E) By 48 hours after the discovery of a
spill, the offshore facility must have the ability to establish shoreline
cleanup resources and wildlife rescue services. The facility must have the
ability to recover oil from the water to the lesser of 60,000 barrels of oil or
25 percent of the worst case spill volume in the next 24 hours.
(d) Covered vessels operating in
any sub-Zone of the Columbia River must meet the following planning standards:
(A) By 2 hours after the discovery of a
spill, the responders listed in the operator's plan must be prepared to
participate in an initial assessment of the release. Responders listed in the
plan must have initiated deployment of containment boom around the source
except in the case of passenger vessels, and vessels at risk of exacerbating
the situation, where a deflection deployment for safety reasons may be used.
The amount of boom being deployed must be the lesser of 1000 feet, or a length
equal to four times the length of the vessel. The boom must be placed in the
water in a location and fashion so as to safely contain and facilitate recovery
of the greatest amount of oil from the water. Additional boom must be available
at the staging area equal to the balance of four times the length of the vessel
if the vessel is more than 250 feet in length. In all cases the plan must
include, by contract or other approved means, a boat crew capable of deploying
and tending the required boom to be operating on site at this time.
(B) By 6 hours after the discovery of a
spill, the vessel operator must have arranged for recovery of spilled oil.
There must be equipment and personnel available to be on site at this time with
the ability to recover the lesser of 12,000 barrels of oil, or an amount of oil
equal to two percent of the vessel's worst-case spill, from the water in the
next 24 hours. The vessel plan must also provide for the delivery of 10,000
feet of containment boom.
(C) By 12
hours after the discovery of a spill, the vessel operator must have the ability
to deploy 40,000 feet of boom. There must be a recovery system capable of
removing the lesser of 36,000 barrels of oil or five percent of the worst case
spill volume from the water in the next 24 hours. Plans must include the
ability to assess the impact of a spill on wildlife. Responders listed in the
plan must have the ability to identify shoreline impacts.
(D) By 24 hours after the discovery of a
spill, the vessel operator must have deployed, or have at the designated
staging area for equipment deployment, equipment and operators with the ability
to recover the lesser of 48,000 barrels of oil or 12 percent of the worst case
spill volume from the water in the next 24 hours.
(E) By 48 hours after the discovery of a
spill, the vessel operator must be able to arrange for an increased ability to
recover oil from the water to the lesser of 60,000 barrels of oil or 17 percent
of the worst-case spill in the next 24 hours.
(e) Covered vessels operating in the Coastal
Bays Zone must meet the following planning standards:
(A) By 2 hours after the discovery of a
spill, the responders listed in the plan must be prepared to participate in an
initial assessment of the release. Responders listed in the plan must have
initiated deployment of containment boom around the source, or in the case of
passenger vessels a deflection deployment for safety reasons. The amount of
boom being deployed must be the lesser of 1,000 feet, or a length equal to four
times the length of the vessel. The boom must be placed in the water in a
location and fashion so as to contain and facilitate recovery of the greatest
amount of oil from the water. Additional boom must be available at the staging
area equal to the balance of four times the length of the vessel if the vessel
is more than 250 feet in length. In all cases the plan must include, by
contract or other approved means, a boat crew capable of deploying and tending
the required boom to be operating on site at this time.
(B) By 6 hours after the discovery of a
spill, the vessel operator must have arranged for recovery of spilled oil.
There must be equipment and personnel on site at this time with the ability to
recover the lesser of 12,000 barrels of oil or an amount of oil equal to two
percent of the vessel's worst-case spill from the water in the next 24 hours.
The vessel plan must also have provided for the delivery to the site of 6,500
feet of containment boom.
(C) By 12
hours after the discovery of a spill, the vessel operator must have the ability
to deploy 9,500 feet of boom. There must be a recovery system on site capable
of removing the lesser of 36,000 barrels of oil or five percent of the worst
case spill volume from the water in the next 24 hours. Vessels must have the
ability to assess the impact of a spill on wildlife. Responders listed in the
plan must have the ability to identify shoreline impacts.
(D) By 24 hours after the discovery of a
spill, the vessel operator must have 14,000 feet of boom deployed, or at the
designated staging area for equipment deployment, and equipment and operators
with the ability to recover the lesser of 48,000 barrels of oil or 12 percent
of the worst case spill volume from the water in the next 24 hours.
(E) By 48 hours after the discovery of a
spill, the vessel operator must be able to arrange to recover oil from the
water to the lesser of 60,000 barrels of oil or 17 percent of the worst-case
spill volume in the next 24 hours.
(f) Covered vessels operating in the Open
Ocean Zone:
(A) By 2 hours after the discovery
of a spill, the responders listed in the plan must mobilize personnel, prepare
to conduct an initial site assessment and site safety characterization of the
spill area and arrange for aircraft for aerial observations. Transport of
appropriate boom must take place in preparation for deployment at the source.
In the case of passenger vessels, booming strategies must take into account the
safety of passengers. Amount of boom must be the lesser of 1,000 feet, or a
length equal to four times the length of the vessel. Booming strategies must
maximize containment and facilitate recovery of the greatest amount of oil from
the water. Additional boom must be available at the response resource staging
area equal to the balance of four times the length of the vessel if the vessel
is more than 250 feet in length. In all cases, the plan must have listed by
contract or other approved means qualified personnel to accomplish the
requirements of this paragraph.
(B)
By 6 hours after the discovery of a spill, the vessel operator must have
arranged for recovery of spilled oil. There must be equipment and personnel on
site capable of recovering the lesser of 12,000 barrels of oil from the water
or an amount of oil equal to two percent of the vessel's worst-case spill in
the next 24 hours. The vessel plan must also have provided for the delivery to
the site of 10,000 feet of containment boom.
(C) By 12 hours after the discovery of a
spill, the vessel operator must have the ability to deploy 40,000 feet of boom.
There must be on site a recovery system capable of removing from the water the
lesser of 36,000 barrels of oil or three percent of the worst case spill volume
in the next 24 hours. Vessel operators must have the ability to assess the
impact of a spill on wildlife. Responders listed in the plan must have the
ability to identify shoreline impacts.
(D) By 24 hours after the discovery of a
spill, the vessel operator must have deployed, or have at the designated
staging area for equipment deployment, equipment and operators with the ability
to recover the lesser of 48,000 barrels of oil or 12 percent of the worst case
spill volume from the water in the next 24 hours.
(E) By 48 hours after the discovery of a
spill, the vessel operator must be able to arrange to recover oil from the
water to the lesser of 60,000 barrels of oil or 17 percent of the worst-case
spill volume in the next 24 hours.
(g) Pipelines located in, or crossing, a
planning Zone where there is a potential for spilling or releasing oil to
navigable waters of the state must meet the following planning standards:
(A) By 1 hour after the discovery of a spill,
the pipeline operator must completely shut down the pipeline.
(B) By 2 hours after the discovery of a
spill, the pipeline operator or its dedicated response contractor must have
deployed 1,000 feet of containment boom around the spill source entering the
water. The boom must be placed in the water in a location and fashion so as to
contain and facilitate recovery of the greatest amount of oil from the
water.
(C) By 6 hours after the
discovery of a spill, the pipeline operator must have arranged for recovery of
spilled oil. There must be equipment and personnel on site capable of
recovering the lesser of 12,000 barrels of oil or an amount of oil equal to 10
percent of the pipeline's worst-case spill from the water in the next 24
hours.
(D) By 12 hours after the
discovery of a spill, the pipeline operator must have 15,000 feet of boom
deployed or at the designated staging area for equipment deployment. All
pipelines must have the ability to recover oil at or before this time and have
in place equipment and personnel with the ability to recover the lesser of
36,000 barrels of oil or 15 percent of the worst case spill volume from the
water in the next 24 hours. The pipeline operator must have the ability to
assess the damage potentially done to wildlife and shorelines in the impacted
area of the spill.
(E) By 24 hours
after the discovery of a spill, the pipeline operator must increase the ability
to recover oil from the water to the lesser of 48,000 barrels of oil or 20
percent of the worst case spill volume in the next 24 hours. The pipeline
operator must have arranged for sufficient boom of an appropriate design to be
deployed for the protection of sensitive wildlife habitats within the potential
drift of oil in 24 hours.
(F) By 48
hours after the discovery of a spill, the pipeline operator must increase the
ability to recover oil from the water to the lesser of 60,000 barrels of oil or
25 percent of the worst case spill volume in the next 24 hours. The pipeline
operator must have arranged for sufficient boom of an appropriate design to be
deployed for the protection of sensitive wildlife habitats within the potential
drift of oil in 48 hours.
(h) Pipelines located in, or crossing, the
Inland Zone must meet the following planning standards:
(A) By 1 hour after the discovery of a spill,
the pipeline operator must complete a shutdown of the pipeline.
(B) By 2 hours after the discovery of a
spill, the pipeline operator must have assigned personnel and emergency
equipment to locate the exact point of release. The pipeline operator must have
arranged for the equipment and response personnel necessary to contain the
spill.
(C) By 6 hours after the
discovery of a spill, the pipeline operator must have the ability to complete
the assessment of the spill. The pipeline operator must have the ability to
rapidly get resources to the spill location using preplanned caches of
materials where no local resources are resident.
(D) By 12 hours after the discovery of the
spill, the pipeline operator must have the ability to recover freestanding
liquid oil from the environment equal to five percent of the worst-case spill
in the next 24 hours. The pipeline operator must have the ability to assess and
mitigate the damage potentially done to wildlife, wildlife habitat and natural
resources in the impacted area of the spill.
(E) By 24 hours after the discovery of a
spill, the pipeline operator must have deployed or have at the designated
staging area for equipment deployment an amount of equipment capable of
removing 10 percent of the worst case spill volume from the land and any
impacted water in the next 24 hours.
(F) By 48 hours after the discovery of a
spill, the pipeline operator must increase the ability to remove oil from the
environment to the lesser of 60,000 barrels in the next 24 hours, or 15 percent
of the worst case spill volume. The pipeline operator must have arranged for
sufficient equipment, of an appropriate design, to be deployed for the
protection of sensitive wildlife habitats within the potential spread or travel
of the oil in 24 hours.
(4) Resources identified in a plan to meet
planning standards must include these conditions and qualifications:
(a) The required resources listed in the
plans for facilities, not including transmission pipelines or pipeline
terminals, must be the property of the plan holder or specifically available to
the plan holder through a contract or other approved means. Those resources
required for the first and second hours on the Columbia River must be stocks of
materials and labor sources resident within the impacted sub-Zone. To meet the
six hour planning standards, the resources on the Columbia River may also be
those normally resident in an adjacent sub-Zone. To meet the planning standard
on the Columbia River at 12 hours, the materials may be from resources resident
in the Zone. Those resources required for the first through the sixth hours in
a coastal bay must be stocks of materials and labor sources resident within the
impacted Zone. To meet the 12-hour planning standards in Coastal and Inland
Zones, the resources may be from an adjacent planning Zone.
(b) The required resources listed in a
covered vessel plan must be the property of the plan holder, or specifically
available to the plan holder through a contract or other approved means. Those
resources necessary and available to meet planning standards for the initial
response, and through the first two hours on the Columbia River must be stocks
of materials and labor sources resident within the impacted sub-Zone. To meet
the six-hour planning standard, the resources may be from an adjacent sub-Zone.
To meet the 12-hour planning standards the resources on the Columbia River must
be those normally resident in that Zone. To meet planning standards at two
hours and six hours in Coastal Bay Zone, the resources must be resident in the
specific bay. To meet planning standards at 12 hours in the Coastal Bay Zone,
the resources may be from an adjacent Zone.
(c) The required resources listed for a
pipeline plan must be the property of the plan holder, or specifically
available to the plan holder through a contract or other approved means. Those
resources required for the first and second hours on the Columbia River must be
stocks of materials and labor sources resident within the impacted sub-Zone. To
meet the six-hour planning standards, the resources on the Columbia River may
also be those normally resident in an adjacent sub-Zone. To meet the 12-hour
planning standard on the Columbia River, the materials may be from resources
resident in the Zone. Those resources required for the first through the sixth
hours in a Coastal Bay Zone must be stocks of materials and labor sources
resident within the impacted Zone. To meet planning standards at 12 hours in
Coastal and Inland Zones, the resources may be from an adjacent planning
Zone.