Or. Admin. Code § 340-141-0265

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

Or. Admin. Code § 340-141-0265

DEQ 8-2021, adopt filed 05/20/2021, effective 5/20/2021

Statutory/Other Authority: ORS 468.020 & ORS 468B.437

Statutes/Other Implemented: ORS 468B.300 - 468B.500