OAR 340-300-0004: Risk Mitigation Implementation Plan Requirements, Timeline and Approval Criteria

(1) The Risk Mitigation Implementation Plan must propose risk mitigation measures to address vulnerabilities identified in the Seismic Vulnerability Assessment to protect public health, life safety and environment. The measures must include but are not limited to: (a) Retrofits, replacement, updates, reconstruction, removal, relocation or other mitigation measures intended to comply with the Codes and Standards as defined by OAR 340-300-0002(2) to achieve the performance objective and meet the specifications of OAR 340-300-0003 to reduce the expected spill as a result of the Design Level Earthquake to below Maximum Allowable Spill. Meeting the requirements of Risk Category IV design of new structures satisfies the intent of this rule. (b) Measure improving facility structural integrity; (c) Measures to prevent anticipated exposures to hazardous materials releases and proposed measures to prevent those exposures; (d) Measures to mitigate effects on surface water, ground water, and air; (e) Training and response exercises including applicable provisions in 340-141-0200 or the EPA Spill Prevention, Control, and Countermeasure requirements to employees and education and information to surrounding communities that promote awareness and equity. (f) Additional provisions for resilience to ground shaking caused by earthquake and secondary effect hazards at the facility location. (2) Risk Mitigation Implementation Plans must include the following: (a) Description of proposed mitigation measures including but not limited to ground and slope improvement, foundation improvements or replacement, structural improvements, connection and piping improvements, containment improvements or replacement. (b) Description of engineering analysis methods, assumptions, and results of the seismic evaluation of the mitigation measures. (c) Description of expected seismic performance of mitigated structures, containment, and ground improvement as appropriate. (d) Description of any potential fuel release based on expected seismic performance. (e) Description of safety improvements including but not limited to improvement, replacement or retrofit of spill containment and firefighting systems, personnel, training and operational changes, and emergency equipment and supply additions. (f) Description of emergency response capabilities including but not limited to trained personnel, training plan, properly installed seismically certified generators and adequacy of on-site fuel storage to power backup generators or installation of electrical hookups for emergency generators; availability and integrity of automated sprinkler systems, supplies of firefighting foam and other emergency response equipment located in seismically resilient locations that will be accessible after an earthquake or secondary effects to mitigate the risk of fire and explosions following an earthquake. (g) Description of post-Implementation residual risk that: (A) Specifies measures of emergency response by the owner or operator to address the effects of residual risk remaining after all mitigation work is implemented including but not limited to an internal alarm and emergency plan. (B) Provides relevant information to the community and local authorities for the creation of external alarm and emergency plans. (C) Includes the following elements: (i) Description of spill scenarios including reasonably likely worst case that may occur because of equipment failure despite the proposed mitigation measures. (ii) All other measures identified in Oregon Laws Chapter 99 (2022, SB 1567). (h) A schedule to complete all proposed mitigation as required in sections 3 and 5 of this rule. (3) The Risk Mitigation Implementation Plan must outline interim mitigation actions that will be completed within 1, 3, & 5 years based on risk reduction, feasibility and order of importance with justification for 1-, 3- and 5-year selections . (4) The proposed schedule may consider the duration of specific site activities or sequencing of tasks dependent on previous work. (5) All mitigation measures approved by DEQ must be completed on the timeline identified in the implementation plan , but no later than within 10 years after the DEQ approves the Risk Mitigation Implementation Plan. (6) The Risk Mitigation Implementation Plan must be stamped by a qualified professional engineer. (7) All measures proposed in Risk Mitigation Implementation Plans must conform with the Codes and Standards and specification provided in OAR 340-300-0002 and 340-300-0003 and be based on the evaluation based on the Design Level Earthquake as determined in accordance with ASCE7. (a) A ll measures must be consistent with local jurisdiction requirements. (8) The Risk Mitigation Implementation Plan must be submitted to DEQ no later than 180 calendar days after DEQ’s approval of the Seismic Vulnerability Assessment. (9) Upon facility’s submission of the Risk Mitigation Implementation Plan, DEQ will review the submittal. If DEQ determines that any additional information, corrections, or updates are required to approve the submittal, then DEQ will notify the owner or operator in writing of the information required and a date deadline by which it must be provided. (10) An owner or operator may request an extension of time from a deadline established in section (3) or section (4) of this rule by providing DEQ with a written request no fewer than 14 calendar days prior to the submittal deadline. DEQ may grant an extension based on the following criteria: (a) The owner or operator has demonstrated progress in completing the submittal; and (b) A delay is necessary, for good cause shown by the owner or operator, related to obtaining more accurate or new data, performing additional analyses, or addressing changes in operations or other key parameters, any of which are likely to have a substantive impact on the outcomes of the submittal. (11) If DEQ does not approve the owner or operator’s submittal, or if the owner or operator does not timely provide additional information or corrections requested by DEQ, then in addition to any other remedies available, DEQ may: (a) Inform the owner or operator of the deficiency and provide the owner or operator with a revised deadline to submit the needed information. (b) Modify the information provided by the owner or operator, approve it as modified, and the owner or operator must pay the plan modification fee as provided in 340-300-0006 (4). (12) The Risk Mitigation Implementation Plans may be modified as follows: (a) A modification may be initiated by the owner or operator and: (A) Requested in the case of significant changes or circumstances affecting the Risk Mitigation Implementation Plan; and (B) The modification must be approved by DEQ. (b) A modification may be DEQ initiated if new scientific or technological data becomes available but no more frequently than once every three years. A Facility will have 90 days to submit the requested modification. (13) Owner or operator must implement all aspects of the approved Risk Mitigation Implementation Plan. (14) Recordkeeping. The owner or operator of a facility that provides DEQ with any information related to a Risk Mitigation Implementation Plan completed under this rule must retain all of its records related to the Risk Mitigation Implementation Plan for ten years from the date the information is submitted to DEQ.