OAR 340-141-0200: Drills, Exercises, and Inspections

(1) DEQ may require plan holders of approved plans to participate in one announced drill or one unannounced limited drill annually. (2) As a condition of plan approval, DEQ may require that the plan holder successfully conduct drills of the elements of a plan submitted for approval. (3) Requirements under sections (1) and (2) of this rule may be met: (a) By drills led by other state, local or federal authorities, if DEQ finds that the criteria for drill execution and review equal or exceed those of DEQ; (b) By drills initiated by the plan holder, if DEQ participates, reviews and evaluates the drill, and if DEQ finds that the drill adequately tests the plan; or (c) By responses to actual spill events, if DEQ participates, reviews and evaluates the spill response, and if DEQ finds that the spill event adequately tests the plan. (4) DEQ may excuse a primary response contractor from full deployment participation in more than one drill if, in the past 12 months, the primary response contractor has performed to DEQ’s satisfaction in a full deployment drill in an exercise listed in section (3) of this rule or has satisfactorily responded to a significant spill event in Oregon. (5) DEQ may require the facility or covered vessel owner or operator to participate in additional drills beyond those required in section (1) of this rule if DEQ is not satisfied with the adequacy of the plan or plan implementation during exercises or spill response events. (6) DEQ will review the degree to which the specifications of the plan are implemented during the drill. DEQ will endeavor to notify the facility or covered vessel owner or operator of the review results within 30 calendar days following the drill. If DEQ finds deficiencies in the plan, DEQ will report those deficiencies to the plan holder and require the plan holder to make specific amendments to the plan under requirements of OAR 340-141-0220. (7) DEQ may publish an annual report on plan drills, including a summary of response times, actual equipment and personnel use, recommendations for plan requirement changes and industry response to those recommendations. (8) DEQ may require the plan holder to publish an annual report on plan drills including a summary of response times, active equipment and personnel use and recommendations for improvement. (9) DEQ may verify compliance with this Division by unannounced inspections in accordance with ORS 468B.370.