OAR 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.