Or. Admin. R. 340-141-0190 - Plan Review
(1)
Upon receipt of a plan , DEQ will promptly evaluate the plan for completeness.
If DEQ determines that a plan is incomplete, the submitter will be notified of
deficiencies. The review period will not begin until DEQ receives a complete
plan. DEQ will allow 30 days for the submitter to supply the missing components
of the plan. After 30 days the plan will be returned without approval to the
submitter.
(2) DEQ will notify
interested persons of any contingency plans under review by DEQ , and make such
plans available for review to ODFW, DLCD, the State Fire Marshal and any
interested person. DEQ will provide a 30-day period for agencies and other
interested persons to comment on a plan.
(3) A Plan will be approved if, in addition
to meeting criteria in OAR 340-141-0100 through 340-141-0170, it demonstrates
that when implemented, it will:
(a) Provide
for prompt and proper response to and cleanup of a variety of spills, including
average most probable spills and worst-case spills;
(b) Provide for prompt and proper protection
of the environment from oil spills;
(c) Provide for immediate notification and
mobilization of resources upon discovery of a spill; and
(d) Provide for initial deployment of
response equipment and personnel at the site of the spill within one hour of
discovery for facilities and two hours of discovery for covered vessels given
suitable safety conditions.
(4) When reviewing plans, DEQ will, in
addition to the above criteria, consider the following:
(a) The volume and type of oil (s) addressed
by the plan ;
(b) The history and
circumstances of prior spills by similar types of facilities, including spill
reports by DEQ spill responders;
(c) The presence of operating
hazards;
(d) The sensitivity and
value of natural resources within the Oil Spill Response Planning Zones and
geographic area covered by the plan ;
(e) Any pertinent local, state, federal
agency or public comments received on the plan; and
(f) The extent that reasonable,
cost-effective spill prevention measures have been incorporated into the
plan .
(5) DEQ may
approve a plan without a full review under this rule if that plan has been
approved by a federal agency or other state using approval criteria that equal
or exceed those of DEQ .
(6) DEQ
will endeavor to notify the facility or covered vessel owner or operator within
five working days after the review is completed whether the plan has been
approved.
(7) If the plan is
approved, the facility or covered vessel owner or operator will receive a
certificate of approval describing the conditions of approval, including an
expiration date not to exceed five years.
(8) DEQ may approve a plan conditionally by
requiring the owner or operator of a facility or covered vessel owner or
operator to operate with specific precautionary measures until unacceptable
components of the plan are resubmitted and approved.
(a) Precautionary measures may include, but
are not limited to, placing spill containment boom around all vessels during
oil transfers, 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 workers and
equipment.
(b) A plan holder will
have 30 calendar days after DEQ gives notification of conditional status to
submit and implement required changes to DEQ , with the option for an extension
at DEQ 's discretion. Plan holders who fail to meet conditional requirements or
provide required changes in the time allowed will lose conditional approval
status.
(c) DEQ may use plan
approval with conditions as an alternate to rejecting a plan with minor
defects.
(9) If plan
approval is denied, the owner or operator of the facility or covered vessel
will be given a written explanation of DEQ 's reasons for disapproval and a list
of actions needed to gain approval. The facility or covered vessel must not
commence or continue oil storage, transport, transfer, production or other
operations until a plan for that facility or covered vessel has been
approved.
(10) If a plan holder
demonstrates an inability to comply with an approved contingency plan or
otherwise fails to comply with requirements of this Division, DEQ may, at its
discretion:
(a) Place conditions on approval
under section (8) of this rule; or
(b) Revoke its approval.
(11) Approval of a plan by DEQ does not
constitute an express assurance regarding the adequacy of the plan or
constitute a defense to liability imposed under state law.
(12) A plan holder may request a hearing on
DEQ 's decision under OAR 340, division 11.
Notes
Statutory/Other Authority: ORS 468B.390 & ORS 468.020
Statutes/Other Implemented: ORS 468B.365
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