Or. Admin. R. 340-141-0265 - Contingency Plan Contents
All applicable contingency plans under 340-141-0260 must include at least the following:
(1)
Submittal Agreement. Each plan must contain a submittal agreement that:
(a) Includes the name, address and phone
number of the submitting party;
(b)
Verifies acceptance of the plan, including any incorporated contingency plans,
by the owner of the high hazard train route by either signature of the owner or
a person with authority to bind the corporation that owns the high hazard train
route.;
(c) Commits to execution of
the plan, including any incorporated contingency plans, by the owner of the
high hazard train route and verifies authority for the plan holder to make
appropriate expenditures in order to execute plan provision and includes; the
location (latitude and longitude) of the train route, the railroad mileposts,
the product being transported and the maximum amount and type that the entire
train consist is capable of transporting.
(2) Amendments. Each plan must include a log
sheet to record amendments to the plan. The log sheet must be placed at the
front of the plan. The log sheet must provide for a record of the section
amended, the date that the old section was replaced with the amended section,
verification that DEQ was notified of the amendment under OAR 340-141-0285(3)
and the initials of the individual making the change. A description of the
amendment and its purpose must also be included in the log sheet, or filed in
the form of an amendment letter immediately after the log sheet.
(3) Table of Contents. Each plan must include
a detailed table of contents based on chapter, section, appendix numbers and
titles and tables and figures. If the plan is an integrated plan used to also
satisfy PHMSA requirements, a cross reference must be included.
(4) Purpose and Scope. Each plan must
describe the purpose and scope of that plan, including:
(a) The region of operation covered by the
plan;
(b) The high hazard train
route operations covered by the plan; and
(c) The size and type of the average most
probable spill and the worst case spill from the high hazard train
route.
(5) Updates. Each
plan must describe the events or time periods that will trigger updates of the
plan.
(6) Implementation Strategy.
Each plan must present a strategy for ensuring use of the plan for spill
response and cleanup operations as required by OAR 340-141-0265 (7).
(7) Spill Response System. Each plan must
describe the organization of the spill response system. This includes those
resources required and, or necessary to manage the resources given a response
to an Average Most Probable Discharge and worst case spill. Plans must use a
National Incident Management System (NIMS) incident management system, as
described in the Northwest Area Contingency Plan (NWACP).
(8) Contractor Identification. Each plan must
identify the Oil Spill Removal Organization (OSRO), oil spill response
cooperative, or primary response contractor and subcontractors (except
equipment rentals or supply vendors) whose services are bound to the plan by a
contract or other approved means:
(a) If a
plan holder is a member of an oil spill response cooperative and relies on that
cooperative to perform or supplement its response operations within the regions
of operations covered by the plan, the plan must state the cooperative's name,
address, phone number and response capability. The plan must also include proof
of cooperative membership; or
(b)
If a plan holder is not a member of an oil spill response cooperative, for the
OSRO or contractor, the plan must state that contractor's name, address, phone
number or other means of contact at any time of the day, and response
capability (e.g., land spills only). For each contractor, the plan must include
a letter of intent signed by the contractor which indicates the contractor's
commitment to respond within the specified time period, with personnel and
equipment listed in (10) and (11) of this section. Copies of written contracts
or agreements with contractors must be available for inspection, if requested
by DEQ.
(9) Relationship
to Other Plans. Each plan must briefly describe its relation to all applicable
local, state, regional and federal government spill response plans. The plan
must describe how the plan holder's response organization will be integrated
into the Northwest Area Contingency Plan.
(10) Response Personnel. Each plan must
describe the personnel, including contract personnel available, to respond to
an oil spill, including:
(a) A job description
for each type of spill response position needed as indicated in the spill
response organization scheme addressed in section (7) of this rule, or a
reference to a recognized NIMS position;
(b) The number of personnel available to
perform the duties of each type of spill response position;
(A) This number must be equal to or greater
than the number of persons necessary to sustain a response to the worst case
spill defined in the plan.
(B) If
24 hour operations are expected, the number of persons available to staff the
ICS must be multiplied by the proposed number of operational periods
(shifts).
(11) Equipment and spill response resources.
Each plan must describe equipment and spill resources as follows:
(a) Each plan must list response equipment
including response vessels used for oil containment, recovery, removal,
shoreline and adjacent lands cleanup and wildlife rescue and rehabilitation.
Each plan must also list all relied upon communication tools. DEQ will accept
information about equipment by reference if the equipment is being provided
through an OSRO or response contractor as part of the plan. DEQ may request
information about the condition and date of manufacture of any listed and
referenced equipment to further evaluate its applicability a response. If the
plan relies on USCG-classified OSROs or response contractors who list their
equipment in a shared and publicly available database, this information may be
included by reference in lieu of a full list in the plan.
(b) For equipment and vessels listed under
subsection (a) of this section that are not owned by or available exclusively
to the plan holder, the plan must also estimate the extent that other
contingency plans rely on the same equipment.
(c) For all oil containment and recovery
equipment, that is owned by the Planholder and/or a non USCG-classified OSRO,
the plan also must include equipment make and model, the manufacturer's
nameplate capacity of the response equipment, the EDRC (in barrels per day) and
applicable design limits (e.g., maximum wave height capability, suitability for
inland waters).
(d) Based on
information described in subsection (c) of this section, the plan must state
the maximum amount of oil that could be recovered per 24-hour period with the
equipment used as it is designed.
(e) For purposes of determining plan adequacy
under OAR 340-141-0280, and to assess realistic capabilities based on potential
limitations by weather and other variables, DEQ will use the data presented in
subsections (c) and (d) of this section to apply a higher efficiency factor for
equipment listed in a plan if that plan holder provides adequate evidence that
the higher efficiency factor is warranted for particular equipment or if the
United States Coast Guard has approved a higher efficiency rating.
(f) The plan must provide arrangements for
pre-positioning of oil spill response equipment at strategic
locations.
(g) When calculating the
delivery time of equipment to a spill staging area, the plan must use travel
speeds consistent with federal speed predictions for the equipment being
moved.
(12) Response
Flow Chart or Timeline. Each plan must describe the response process by:
(a) Presenting a flowchart or decision tree
describing the procession of each major stage of spill response operations from
spill discovery to completion of cleanup. The flowchart or decision tree must
describe the general order and priority in which key spill response activities
are performed; and
(b) Describing
all key spill response operations in checklist forms, to be used by spill
response managers in the event of an oil spill.
(13) Authorities. Each plan must describe
responsible authorities by:
(a) Listing the
local, state, tribal and other government authorities responsible for the
emergency procedures peripheral to spill containment and cleanup; and
(b) Describing the plan holder's role in
these emergency operation procedures before the proper authorities arrive,
including but not limited to, control of fires and explosions, rescue
activities, access restriction to the spill impact area and site
security.
(14) Damage
Control. Each plan must describe equipment and procedures to be used by the
railroad personnel to minimize the magnitude of the spill and minimize
structural damage that could increase the quantity of oil spilled. This
includes necessary actions to slow or stop any leaks as well as stabilizing the
cars to ensure no further damage may be incurred.
(15) Environmental Protection. Each plan must
describe how environmental protection will be achieved, including:
(a) Protection of sensitive and aquatic
species, shoreline and inland habitat by diverting or blocking oil
movement;
(b) Priorities for
sensitive area protection in the region of operation covered by the plan as
provided in a Geographic Response Strategy of the Northwest Area Contingency
Plan, or designated by DEQ;
(c)
Rescue and rehabilitation of sensitive and aquatic species, birds, marine
mammals and other wildlife contaminated or otherwise affected by the oil spill;
and
(d) Measures taken to reduce
damages to the environment caused by shoreline and adjacent land cleanup
operations.
(16) Interim
Storage. Each plan that has identified that oil will be recovered must plan for
transporting or storage of the entire volume of oil and combined oily waste
material potentially created.
(a) Each plan
must describe criteria and methods used for interim storage of oil recovered
and oily wastes generated during response and cleanup operations, including
available storage sites. Interim storage methods and sites must be designed to
prevent contamination of the storage area by recovered oil and oily
wastes.
(b) Interim storage and
permanent disposal methods and sites must comply with all applicable local,
state and federal requirements.
(17) Health and Safety. Each plan must
describe procedures to protect the health and safety of oil spill response
workers, and other individuals on-site. Provisions for training,
decontamination facilities, safety gear and a safety officer position must be
addressed.
(18) A description of
steps taken for air monitoring to protect responders and the public including:
(a) A description of air monitoring
procedures for the work site
(b) A
description of air monitoring procedures for the surrounding area (including
surrounding communities)
(c) A
description of a communication plan to inform communities of any
risks
(d) A plan to identify
shelter in place and evacuation procedures
(19) Post Spill Review. Each plan must
explain post-spill review procedures, including methods to review both the
effectiveness of the plan and the need for plan amendments. Post-spill
procedures must provide for a debriefing with DEQ that will include any newly
recognized need to amend the plan and list of any other lessons
learned.
(20) Drills and Exercises.
All approved plans must be verified by drills and exercises. Each plan must
describe the schedule and type of drills and other exercises that will be
practiced to ensure readiness of the plan elements, including drills that
satisfy OAR 340-141-0270
(a) The plan holder
must test and document internal call out procedures at least once every 90
calendar days. The plan holder must retain records of these drills for at least
three years and make them available for DEQ review upon request.
(b) The plan holder must notify DEQ of drills
and exercises, at least 60 days before equipment deployment, tabletop
exercises, and functional exercises. Prior notice to DEQ is not required before
notification drills and internal phone number verification exercises.
(c) The plan holder must send post drill
reports for all tabletop exercises or deployment drills to DEQ no later than 60
days after the completion of the drill or exercise. The executive summary from
a National Preparedness for Response Exercise Program (NPREP) report may be
submitted to meet this requirement when the exercise has been designed by the
NPREP staff.
(21) Risk
Variables. Each plan for a high hazard train route must list the spill risk
variables within the region of operation covered by the plan, including:
(a) Types, physical properties and amounts of
oil handled;
(b) A written
description and map indicating route topography, storage and transfer
sites;
(c) A written description of
sites or operations with a history of or high potential for oil spills,
including key areas that pose significant spill risk within the region of
operation covered by the plan;
(d)
Methods to reduce spills during transfer operations, including overfill
prevention.
(e) Plans may reference
numbered Geographic Response Plan strategies (GRPs) in the Northwest Area
Contingency Plan and publicly available geographical information system-based
(GIS) databases managed by state and federal agencies and tribes when
identifying Risk Variables.
(22) Environmental Variables. Each plan must
list the environmental variables within the region of operation covered by the
plan. Contingency plans for a high hazard rail route are required to include
rivers and drinking water sources. The plan must identify the environmental
variables from the probable point of release to the point the oil could travel
in 24 hours using the calculation method described in 40 C.F.R. 112 Appendix
C-III. All plans must describe:
(a) Natural
resources, including 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;
(b) Public resources, including public
access, water intakes drinking water supplies;
(c) Seasonal hydrographic and climatic
conditions; and
(d) Physical
geographic features, including geological characteristics.
(e) In lieu of (a) through (d) above, plans
may reference numbered Geographic Response Plan strategies (GRPs) in the
Northwest Area Contingency Plan and publicly available geographical information
system-based (GIS) databases managed by state and federal agencies and tribes
when identifying individual environmental variables and cultural resource
features.
(23)
Logistical Resources. Each plan must list the logistical resources within the
region of operation covered by the plan, including facilities for fire
services, medical services and accommodations; and shoreline access areas,
including boat launches. Plans may reference numbered Geographic Response Plan
strategies (GRPs) in the Northwest Area Contingency Plan and publicly available
geographical information system-based (GIS) databases managed by state and
federal agencies and tribes when identifying Logistical Resources.
(24) Response Strategy Outline. Each plan
must include a statement of the intended response activities. This statement
must describe how the plan resources must be applied to adequately respond
during the initial phase of the response to an average most probable and worst
case spill, release or discharge. The Response Strategy Outline must begin with
an example spill scenario, including a description of the situation to be
managed, and must describe:
(a) Deployment of
resources and estimates of response times;
(b) The intended result of the activity for
each person listed in section (8) and (10) of this section;
(c) Command and control
arrangements;
(d) Required
coordination; and
(e) Probable
obstacles and an estimate of oil movement during the first 72 hours if release
is to an inland or coastal waterway.
(25) A railroad that owns a high hazard rail
route must submit to DEQ a financial responsibility statement as defined in ORS
468B.433 along with their contingency plan and provide an updated financial
responsibility statement at least once every five years together with
submission of a renewed contingency Plan.
(26) Technical Terms Glossary. Each plan must
include a glossary of technical terms and abbreviations used in the
plan.
(27) Procedures and
information related to supporting the early detection of an oil spill or
release and timely notification of appropriate federal, state, local, tribal
and other authorities about an oil spill or release as applicable state and
federal law require, including but not limited to:
(a) Procedures for the initial detection of
an oil spill or release;
(b)
Procedures to be used for immediate notification of qualified individuals at
the railroad that owns or operates the high hazard train route;
(c) Call-down lists for notification of
appropriate federal, state, local, tribal and other authorities;
(d) Information demonstrating that the
railroad that owns the high hazard train route has ownership of or access to an
emergency response communications network covering the entire high hazard train
route and that the emergency response communications network also provides for
immediate notification and continual emergency communications during cleanup
response;
(e) Procedures specifying
the circumstances under which notifications will be made and the time frames
for making notifications; and
(f)
Follow-up requirements for notifications, provided for on a 24-hour
basis.
Notes
Statutory/Other Authority: ORS 468.020 & ORS 468B.437
Statutes/Other Implemented: ORS 468B.300 - 468B.500
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