Wash. Admin. Code § 173-182-810

Current through Register Vol. 24-20, October 15, 2024
Section 173-182-810 - Content submittal and review of primary response contractor (PRC) applications

The PRC application must contain the following information as applicable to the capabilities of the PRC:

(1) A list of primary response contractor personnel indicating whether they are full-time, part-time, or subcontracted including their homebase or office location, and the spill management team roles or tactical roles they may fill in a response.
(a) If personnel are available to the primary response contractor via subcontract a summary of the contract terms for personnel resources should be included in the application. The contract shall be made available to ecology upon request.
(b) A list of all staff training, including training of subcontractors if applicable, and a description of the frequency of essential core training response staff receive.
(c) The training program must be specific to the tactics the PRC intends to perform. Include in the application details about the following training areas as applicable:
(i) Safety training;
(ii) Training on-site safety assessment;
(iii) Assessment of environmental conditions;
(iv) Determination that response equipment and personal protective equipment are appropriate for the incident conditions;
(v) Air monitoring equipment and documentation; and
(vi) Development of a hazard worksheet.
(d) Additional training as necessary for personnel that may be relied upon to perform these tasks:
(i) Conducting site safety briefings;
(ii) Use and deployment of limited visibility tracking devices;
(iii) Utilization and coordination of communications equipment;
(iv) Transfer of a product from skimmer to on-water and shoreside storage;
(v) Containment of a land spill from entering water by channeling, diverting, or berming;
(vi) Fast water river response strategies;
(vii) High current marine response strategies;
(viii) GRP or protection strategy familiarization and deployment;
(ix) Anchoring and setting boom;
(x) Familiarization and deployment of PRC owned oiled-wildlife rehabilitation equipment;
(xi) On water recovery including enhanced skimming;
(xii) Directing field resources;
(xiii) Incident command system training for spill management team roles.
(2) A list of all communication assets by type and location. The frequencies and geographical ranges must be included. This list must be maintained and if not included in the application made available to ecology upon request.
(3) A list of response equipment must be submitted electronically to ecology or via Worldwide Response Resource List, at www.wrrl.world, containing the following information:
(a) All equipment must be given a unique company identifier, and this identifier must be submitted on the list provided to ecology.
(b) Equipment must include the minimum number of personnel required to operate successfully for one shift.
(c) The location the equipment is stored using latitude/longitude in the WGS 1984 coordinate system. The coordinates must be in decimal degree format.
(d) The type of equipment, including manufacturer's name, manufacture date, model and specifications.
(e) For boom, list the length, manufacturer's name, model, size, and date of manufacture.
(f) For oil recovery devices state the manufacturer's name, model, EDRC or approved alternative, manufacture date, and operating environment.
(g) For temporary storage list the maximum capacity in barrels.
(h) For workboats list the vessel name and/or identifier, length, and vessel type, manufacturer, engine type(s) and horsepower.
(4) A detailed description of the vessel of opportunity program.
(5) A detailed description of other response technologies systems available such as in situ burn, bioremediants, and other chemical agents.
(6) A detailed description of any wildlife response resources. Include a list of contracts or agreements with any trained wildlife response personnel.
(7) A detailed description of equipment and personnel that would be used for shoreline cleanup. This should include a description of training resources for additional clean-up personnel.
(8) A list of agreements for access to shoreside storage. Include the owner, location, and general estimate of volume.
(9) A list of agreements for fixed wing and rotary aircraft used to support spill clean-up operations.
(10) A detailed description of remote sensing equipment and aerial surveillance resources and personnel that the primary response contractor has under contract or letter of intent that could be used to detect and track the extent and movement of oil or direct on-water recovery operations.
(11) Once an application is received, ecology will determine whether it is complete. If not, the response contractor shall be notified of deficiencies in writing and given a time period for submitting the required information.
(12) Equipment and personnel readiness will be verified once the application is approved. Ecology may inspect equipment, training records, maintenance records, drill records, and may request a test of the call-out procedures, and require operation of each type of equipment listed in the application. These inspections may be conducted at any/all equipment locations. Any resources not on-site at the time of an inspection shall be accounted for by company records.
(13) If the application is approved and the verification is satisfactory, the contractor shall receive a letter of approval describing the terms of approval, including expiration dates and EDRC of the recovery equipment. PRC approvals will be reviewed by ecology every three years. Applications shall be resubmitted forty-five calendar days in advance of the expiration date.
(14) Once the PRC application is approved, the PRC must certify in writing on a quarterly basis that the list of equipment the contractor maintains in their application or on the WRRL is accurate. Any contractor that doesn't maintain their list on the WRRL, must resubmit their electronic list on a quarterly basis.
(15) Notification by facsimile or email will be considered written notice.
(16) Failure to certify the accuracy of the equipment list on a quarterly basis may result in the loss of PRC approval.
(17) If the application is not approved, the contractor shall receive an explanation of the factors for disapproval and a list of actions to be taken to gain approval.
(18) Approval of a response contractor by ecology does not constitute an express assurance regarding the adequacy of the contractor nor constitute a defense to liability imposed under state law.

Wash. Admin. Code § 173-182-810

Amended by WSR 20-01-165, Filed 12/18/2019, effective 1/18/2020

Statutory Authority: Chapters 88.46, 90.48, 90.56 RCW, and 2011 c 122 . 13-01-054 (Order 11-06), § 173-182-810, filed 12/14/12, effective 1/14/13. Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-810, filed 9/25/06, effective 10/26/06.