(1) Each plan must contain a submittal agreement which:
(a) Includes the name, address, and phone number of submitting party;
(b) Verifies acceptance of the plan by the owner or operator of the facility by either signature of the owner or operator or signature by a person with authority to bind the corporation which owns or operates the facility;
(c) Commits the owner or operator of the facility to execution of the plan, and verifies that the plan holder is authorized to make appropriate expenditures in order to execute plan provisions; and
(d) Includes the name, location, and address of the facility, type of facility, starting date of operations, types of oil(s) handled, and oil volume capacity.
(2) 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 ecology was notified of the amendment pursuant to WAC 173-180-670
, 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) Each plan must include a detailed table of contents based on chapter, section, and appendix numbers and titles, as well as tables and figures.
(4) Each plan must describe its purpose and scope, including, but not limited to:
(a) The onshore facility or offshore facility operations covered by the plan;
(b) The relationship of the prevention plan to other oil spill plans and operation manuals held by the facility;
(c) The relationship of the plan to all applicable local, state, regional, tribal, and federal government prevention plans, including the Washington statewide master oil and hazardous substance spill contingency plan; and
(d) Information required under facility oil spill contingency plan standards in chapter 173-182
WAC; spill prevention, countermeasure, and control plan standards in 40 C.F.R. 112.4(a); or facility operations manual standards in 33 C.F.R. 154.310 (1-4) may be used to address (a) of this subsection.
(5) Each plan must describe the procedures and time periods for updating the plan and distributing the plan and updates to appropriate parties.
(6) Each plan must establish that the facility is in compliance with the Federal Oil Pollution Act of 1990. Within thirty calendar days after federal deadlines for facility requirements under that act, the plan must be updated to include any applicable evidence of compliance.
(7) Within thirty calendar days after evidence of financial responsibility is required by rules adopted by ecology pursuant to chapter 88.46
RCW, the plan must be updated to include any applicable evidence of compliance.
(8) Each plan must describe the types and frequency of spill prevention training provided to personnel.
(9) Each plan must provide evidence that the facility has an approved oil spill contingency plan or has submitted a contingency plan to ecology in accordance with standards and deadlines established by chapter 173-182
(10) Each plan must address the facility's alcohol and drug use awareness and treatment program for all facility personnel.
(a) The plan must include at a minimum:
(i) Documentation of an alcohol and drug awareness program. The awareness program must provide training and information materials to all employees on recognition of alcohol and drug abuse; treatment opportunities, including opportunities under the Alcohol and Drug Addiction Treatment and Support Act pursuant to chapter 388-800
WAC; and applicable company policies;
(ii) A description of the facility's existing drug and alcohol treatment programs; and
(iii) A description of existing provisions for the screening of supervisory and key employees for alcohol and drug abuse and related work impairment.
(b) Evidence of conformance with applicable federal "Drug-Free Workplace" guidelines or other federal or state requirements may be used to address (a) of this subsection.
(11) Each plan must describe the facility's existing maintenance and inspection program.
(a) The description must summarize:
(i) Frequency and type of all regularly scheduled inspection and preventive maintenance procedures for tanks; pipelines; other key storage, transfer, or production equipment, including associated pumps, valves, and flanges; and overpressure safety devices and other spill prevention equipment;
(ii) Integrity testing of storage tanks and pipelines, including but not limited to frequency; pressures used (including ratio of test pressure to maximum operating pressure, and duration of pressurization); means of identifying that a leak has occurred; and measures to reduce spill risk if test material is product;
(iii) External and internal corrosion detection and repair;
(iv) Damage criteria for equipment repair or replacement; and
(v) Any other aspect of the maintenance and inspection program.
(b) The plan must include a current index of maintenance and inspection records of the storage and transfer facilities and related equipment.
(c) Documentation required under 40 C.F.R. 112.7(e) or 33 C.F.R. 154 Subparts C and D may be used to address elements of this subsection.
(d) Existing copies of the facility's maintenance and inspection records for the five-year period prior to plan submittal must be maintained and must be available for inspection if requested by ecology. The plan must document the use of a system to maintain such records over a five-year period for subsequent activity.
(12) Each plan must describe spill prevention technology currently installed and in use, including:
(a) Tank and pipeline materials and design;
(b) Storage tank overflow alarms, low level alarms; tank overflow cut-off switches; automatic transfer shutdown systems; methods to alert operators; system accuracy; and tank fill margin remaining at time of alarm activation in terms of vertical distance, quantity of liquid, and time before overflow would occur at maximum pumping rate; documentation required under 40 C.F.R. 112.7 (e)(2)(viii) or 33 C.F.R. 154.310 (a)(12-13) may be used to address some or all of these elements;
(c) Leak detection systems for both active and nonactive pipeline conditions, including detection thresholds in terms of duration and percentage of pipeline flow; limitations on system performance due to normal pipeline events; and procedures for operator response to leak alarms;
(d) Documentation required under 40 C.F.R. 112.7 (e)(3) may be used to address some or all of these elements;
(e) Rapid pump and valve shutdown procedures, including means of ensuring that surge and over-pressure conditions do not occur; rates of valve closure; sequence and time duration (average and maximum) for entire procedure; automatic and remote control capabilities; and displays of system status for operator use;
(f) Documentation required under 40 C.F.R. 112.7 (e)(3) may be used to address some or all of these elements;
(g) Methods to minimize post-shutdown residual drain-out from pipes, including criteria for locating valves; identification of all valves (including types and means of operation) that may be open during a transfer process; and any other techniques for reducing drain-out;
(h) Means of relieving pressure due to thermal expansion of liquid in pipes during quiescent periods;
(i) Secondary containment, including capacity, permeability, and material design;
(j) Documentation required under 40 C.F.R. 112.7 (e)(1) and (2)(iii-iv) may be used to address some or all of these elements;
(k) Internal and external corrosion control coatings and monitoring;
(l) Storm water and other drainage retention, treatment, and discharge systems, including maximum storage capacities and identification of any applicable discharge permits;
(m) Documentation required under 40 C.F.R. 112.7 (e)(1) and (2)(iii and ix) may be used to address some or all of these elements; and
(n) Criteria for suspension of operations while leak detection or other spill control systems are inoperative.
(13) Each plan must describe measures taken to ensure facility site security, including:
(a) Procedures to control and monitor facility access;
(b) Facility lighting (documentation required under 33 C.F.R. 154.570 may be used to address some or all of this element);
(c) Signage; and
(d) Right of way identification or other measures to prevent third-party damage (documentation required under 40 C.F.R. 112.7 (e)(3)(v) and (9) may be used to address some or all of this element).
(14) Each plan must list any discharges of oil in excess of twenty-five barrels (one thousand fifty gallons) to the land or waters of the state which occurred during the five-year period prior to the plan submittal date. For each discharge, the plan must describe:
(b) Type of oil;
(c) Geographic location;
(d) Analysis of cause, including source(s) of discharged oil and contributing factors (e.g., third party human error, adverse weather, etc.); and
(e) Measures taken to remedy the cause and prevent a reoccurrence.
The period between July 1, 1987, and January 1, 1993, the facility must provide existing information regarding (a) through (e) of this subsection for such discharges, and must document the use of a system to record complete information for subsequent discharges.
(15) Each plan must include a detailed and comprehensive analysis of facility spill risks based on the information required in subsections (11) through (14) of this section, and other relevant information.
(a) The risk analysis must:
(i) Evaluate the construction, age, corrosion, inspection and maintenance, operation, and oil spill risk of the transfer, production, and storage systems in the facility, including piping, tanks, pumps, valves, and associated equipment;
(ii) Evaluate spill minimization and containment systems within the facility;
(iii) Be prepared under the supervision of (and bear the seal of) a licensed professional engineer or another individual which ecology has deemed to have an acceptable level of expertise.
(b) Documentation required under 40 C.F.R. 112.7 (b) and (e) may be used to address some or all of the elements of this subsection.
(16) Each plan must describe how the facility will incorporate those measures that will provide best achievable protection to address the spill risks identified in the risk analysis required in subsection (15) of this section.
Information documented pursuant to 40 C.F.R. 112.7(e) and 33 C.F.R. 154.310 (a)(1-4) may be used to address some or all of these elements of this subsection.
(17) If the prevention plan is combined with a contingency plan, the prevention plan may incorporate information required in this section by reference if that information is provided in the contingency plan.
[Statutory Authority: RCW 88.46.160, 88.46.165, and chapter 90.56 RCW. 06-20-034 (Order 06-02), § 173-180-630, filed 9/25/06, effective 10/26/06.]