Section 468B.510 - Seismic vulnerability assessment required for bulk oils or liquid fuels terminal; rules(1) As used in ORS 468B.510 to 468B.525, "bulk oils or liquid fuels terminal" means an industrial facility located in Columbia, Multnomah or Lane County that is primarily engaged in the transport or bulk storage of oils or liquid fuel products and is characterized by having: (a) Marine, pipeline, railroad or vehicular transport access;(b) Transloading facilities for transferring shipments of oils or liquid fuel products between transportation modes; and(c) One or more bulk storage tanks with a combined capacity of two million gallons or more.(2) An owner or operator of a bulk oils or liquid fuels terminal shall conduct and submit to the Department of Environmental Quality a comprehensive seismic vulnerability assessment for the entire bulk oils or liquid fuels terminal. A seismic vulnerability assessment submitted to the department under this section must: (a) Include a seismic risk assessment, or a series of seismic risk assessments, conducted by qualified professionals using the most recent industry standards for assessing seismic risk to: (A) Buildings, structures and ancillary components;(C) Spill containment structures;(D) Transloading facilities, including wharves, piers, moorings and retaining structures;(F) Control equipment; and(G) Any other structures and related or supporting facilities that constitute the bulk oils or liquid fuels terminal;(b) Include a determination of the bulk oils or liquid fuels terminal's vulnerability to liquefaction triggering and liquefaction consequences, such as lateral spreading and coseismic settlement, using standards in accordance with guidance contained in "National Academies of Sciences, Engineering and Medicine, State of the Art and Practice in the Assessment of Earthquake-Induced Soil Liquefaction and Its Consequences, 2016";(c) Include a determination of whether the existing structures and related or supporting facilities that constitute the bulk oils or liquid fuels terminal have been designed, improved or retrofitted to reduce the potential for significant structural damage to property or harm to people or the environment in or adjacent to the bulk oils or liquid fuels terminal in the event of a magnitude 9.0 Cascadia Subduction Zone earthquake, including impacts from the expected duration of shaking; and(d) Include a determination of the structures and related or supporting facilities that are most vulnerable to seismic risks and the potential of those structures and facilities to maintain safe operating conditions, or safe shutdown procedures, to protect public health, life safety and environmental safety against releases of oils or liquid fuel products, including information about operational procedures during disasters.(3) The department shall review a seismic vulnerability assessment submitted under this section and approve the assessment if it meets the requirements of subsection (2) of this section and any other requirements for seismic vulnerability assessments contained in rules adopted under subsection (4) of this section.(4)(a) The Environmental Quality Commission, in consultation with the State Department of Geology and Mineral Industries, may adopt by rule requirements for seismic vulnerability assessments submitted to the Department of Environmental Quality under this section.(b) Rules adopted by the commission may require the owner or operator of a bulk oils or liquid fuels terminal to submit seismic vulnerability assessment updates to the department:(A) Upon the retrofit or reconstruction of all or a part of a bulk oils or liquid fuels terminal; or(B) Based on new scientific or technical findings, but no more frequently than once every three years.(c) Notwithstanding subsection (2)(b) of this section, the commission may by rule adopt revised or additional standards for determining a bulk oils or liquid fuels terminal's vulnerability to liquefaction triggering and liquefaction consequences if the commission determines that guidance contained in "National Academies of Sciences, Engineering and Medicine, State of the Art and Practice in the Assessment of Earthquake-Induced Soil Liquefaction and Its Consequences, 2016" no longer represents the most recent industry standards for determining vulnerability to soil liquefaction triggering and liquefaction consequences.Added by 2022 Ch. 99, § 2