Current through Register Vol. 63, No. 3, March 1, 2024
(1) The
Risk Mitigation Implementation Plan must propose risk mitigation measures to
address vulnerabilities identified in the Seismic Vulnerability Assessment to
protect public health, life safety and environment. The measures must include
but are not limited to:
(a) Retrofits,
replacement, updates, reconstruction, removal, relocation or other mitigation
measures intended to comply with the Codes and Standards as defined by OAR
340-300-0002(2) to achieve the performance objective and meet the
specifications of OAR 340-300-0003 to reduce the expected spill as a result of
the Design Level Earthquake to below Maximum Allowable Spill. Meeting the
requirements of Risk Category IV design of new structures satisfies the intent
of this rule.
(b) Measure improving
facility structural integrity;
(c)
Measures to prevent anticipated exposures to hazardous materials releases and
proposed measures to prevent those exposures;
(d) Measures to mitigate effects on surface
water, ground water, and air;
(e)
Training and response exercises including applicable provisions in 340-141-0200
or the EPA Spill Prevention, Control, and Countermeasure requirements to
employees and education and information to surrounding communities that promote
awareness and equity.
(f)
Additional provisions for resilience to ground shaking caused by earthquake and
secondary effect hazards at the facility location.
(2) Risk Mitigation Implementation Plans must
include the following:
(a) Description of
proposed mitigation measures including but not limited to ground and slope
improvement, foundation improvements or replacement, structural improvements,
connection and piping improvements, containment improvements or
replacement.
(b) Description of
engineering analysis methods, assumptions, and results of the seismic
evaluation of the mitigation measures.
(c) Description of expected seismic
performance of mitigated structures, containment, and ground improvement as
appropriate.
(d) Description of any
potential fuel release based on expected seismic performance.
(e) Description of safety improvements
including but not limited to improvement, replacement or retrofit of spill
containment and firefighting systems, personnel, training and operational
changes, and emergency equipment and supply additions.
(f) Description of emergency response
capabilities including but not limited to trained personnel, training plan,
properly installed seismically certified generators and adequacy of on-site
fuel storage to power backup generators or installation of electrical hookups
for emergency generators; availability and integrity of automated sprinkler
systems, supplies of firefighting foam and other emergency response equipment
located in seismically resilient locations that will be accessible after an
earthquake or secondary effects to mitigate the risk of fire and explosions
following an earthquake.
(g)
Description of post-Implementation residual risk that:
(A) Specifies measures of emergency response
by the owner or operator to address the effects of residual risk remaining
after all mitigation work is implemented including but not limited to an
internal alarm and emergency plan.
(B) Provides relevant information to the
community and local authorities for the creation of external alarm and
emergency plans.
(C) Includes the
following elements:
(i) Description of spill
scenarios including reasonably likely worst case that may occur because of
equipment failure despite the proposed mitigation measures.
(ii) All other measures identified in Oregon
Laws Chapter 99 (2022, SB 1567).
(h) A schedule to complete all proposed
mitigation as required in sections 3 and 5 of this rule.
(3) The Risk Mitigation Implementation Plan
must outline interim mitigation actions that will be completed within 1, 3,
& 5 years based on risk reduction, feasibility and order of importance with
justification for 1-, 3- and 5-year selections.
(4) The proposed schedule may consider the
duration of specific site activities or sequencing of tasks dependent on
previous work.
(5) All mitigation
measures approved by DEQ must be completed on the timeline identified in the
implementation plan, but no later than within 10 years after the DEQ approves
the Risk Mitigation Implementation Plan.
(6) The Risk Mitigation Implementation Plan
must be stamped by a qualified professional engineer.
(7) All measures proposed in Risk Mitigation
Implementation Plans must conform with the Codes and Standards and
specification provided in OAR 340-300-0002 and 340-300-0003 and be based on the
evaluation based on the Design Level Earthquake as determined in accordance
with ASCE7.
(a) All measures must be
consistent with local jurisdiction requirements.
(8) The Risk Mitigation Implementation Plan
must be submitted to DEQ no later than 180 calendar days after DEQ's approval
of the Seismic Vulnerability Assessment.
(9) Upon facility's submission of the Risk
Mitigation Implementation Plan, DEQ will review the submittal. If DEQ
determines that any additional information, corrections, or updates are
required to approve the submittal, then DEQ will notify the owner or operator
in writing of the information required and a date deadline by which it must be
provided.
(10) An owner or operator
may request an extension of time from a deadline established in section (3) or
section (4) of this rule by providing DEQ with a written request no fewer than
14 calendar days prior to the submittal deadline. DEQ may grant an extension
based on the following criteria:
(a) The owner
or operator has demonstrated progress in completing the submittal;
and
(b) A delay is necessary, for
good cause shown by the owner or operator, related to obtaining more accurate
or new data, performing additional analyses, or addressing changes in
operations or other key parameters, any of which are likely to have a
substantive impact on the outcomes of the submittal.
(11) If DEQ does not approve the owner or
operator's submittal, or if the owner or operator does not timely provide
additional information or corrections requested by DEQ, then in addition to any
other remedies available, DEQ may:
(a) Inform
the owner or operator of the deficiency and provide the owner or operator with
a revised deadline to submit the needed information.
(b) Modify the information provided by the
owner or operator, approve it as modified, and the owner or operator must pay
the plan modification fee as provided in 340-300-0006 (4).
(12) The Risk Mitigation Implementation Plans
may be modified as follows:
(a) A modification
may be initiated by the owner or operator and:
(A) Requested in the case of significant
changes or circumstances affecting the Risk Mitigation Implementation Plan;
and
(B) The modification must be
approved by DEQ.
(b) A
modification may be DEQ initiated if new scientific or technological data
becomes available but no more frequently than once every three years. A
Facility will have 90 days to submit the requested modification.
(13) Owner or operator must
implement all aspects of the approved Risk Mitigation Implementation
Plan.
(14) Recordkeeping. The owner
or operator of a facility that provides DEQ with any information related to a
Risk Mitigation Implementation Plan completed under this rule must retain all
of its records related to the Risk Mitigation Implementation Plan for ten years
from the date the information is submitted to DEQ.
Statutory/Other Authority: ORS
468.020 & SB 1567
(2022)
Statutes/Other Implemented: SB 1567
(2022)
