Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-186 - Oil spill contingency plan-Railroad › Part III - OIL SPILL CONTINGENCY PLANS FOR TYPE A RAILROADS › Section A - Contingency Plan Format, Content and Implementation › Section 173-186-220 - Contingency plan general content

Current through Register Vol. 24-14, July 15, 2024
(1) Contingency plans shall include all of
				  the content and meet all the requirements in this section.
(2) In Washington state, the Northwest Area
				  Contingency Plan (NWACP) serves as the statewide master oil and hazardous
				  substance contingency plan required by
				  RCW
				  90.56.060. Rail plan holders shall write
				  plans that refer to and are consistent with the NWACP.
(3) All contingency plans shall include the
				  following:
(a) Each plan shall state the name,
				  location, type and address of the facility and the federal or state
				  requirements intended to be met by the plan.
(b) Each plan shall state the size of the
				  worst case spill volume. If oil handling operations vary on different rail
				  routes, more than one worst case spill volume may be submitted to ecology for
				  consideration.
(c) Each plan shall
				  have a log sheet to record revisions and updates to the plan. The log sheet
				  shall identify each section amended, including the date and page of the
				  amendment and the name of the authorized person making the change.
(d) Each plan shall have a table of contents
				  and a cross-reference table reflecting the locations in the plan of each
				  component required by this chapter.
(e) Each plan shall provide a list and map of
				  expected rail routes in Washington and a description of the operations covered
				  by the plan, including locations where fueling occurs and an inventory of above
				  ground storage tanks and the tank capacities.
An inventory of above ground storage tanks and tank
					 capacities is not required if the total above ground storage capacity from
					 containers with capacity of at least fifty-five gallons is less than one
					 thousand three hundred twenty gallons.
(f) Each plan shall list all oil cargo
				  transported, including region of origin, oil types, physical properties, and
				  health and safety hazards of the oil cargo. A safety data sheet (SDS) or
				  equivalent information may satisfy some of these requirements; the plan shall
				  identify where the SDS or equivalent is kept for emergency response
				  use.
(g) Each plan shall include
				  contact information for the PRC, SMT, and WRSP resources contracted to meet
				  plan holder planning standards. Contact information must include the name,
				  address, twenty-four-hour phone number, or other means of contact at any time
				  of the day.
(i) A contract or letter
				  summarizing the terms of the contract signed by the PRC, SMT, or WRSP, shall be
				  included in the plan. If the entire contract is not submitted, that document
				  shall be available for inspection, if requested by ecology.
(ii) For mutual aid agreements that a rail
				  plan holder relies on to meet the planning standards, the plan shall include a
				  copy of the agreement and describe the terms of that document in the
				  plan.
(h) Each plan
				  shall contain information on the personnel (including contract personnel) who
				  will be available to manage an oil spill response. This includes:
(i) An organizational diagram depicting the
				  chain of command for the SMT for a worst case spill.
(ii) For the purpose of ensuring depth of the
				  SMT, a table detailing the names of personnel to fill the following ICS roles
				  or the name of the SMT contracted to fill the roles. Named personnel may be
				  listed a maximum of two times. Personnel filling key roles do not need to be a
				  resident in Washington state.
ICS Position
Name
Name
Name
Responsible party incident commander
Public information officer
Liaison officer
Safety officer
Operations section chief
Planning section chief
Finance section chief
Logistics section chief
Situation unit leader
X
X
Resources unit leader
X
X
Documentation unit leader
X
X
Environmental unit leader
X
X
Air operations branch director
X
X
X = Not required
The plan must identify incident commanders, if located
					 out-of-state, that could arrive in state by six hours to form unified command.
					 If a response contractor or SMT is used to fill positions, they must have an
					 approved application on file with the state and they must agree in writing,
					 either through contract or other approvable means, to staff the positions. In
					 this case, the name of the contractor or SMT may be used in the table rather
					 than an individual.
If the entire contract for additional SMT support is not
					 included in the plan, that document shall be made available for inspection, if
					 requested by ecology.
(iii)
				  A detailed description of the planning process or a reference to the incident
				  management handbook with planning process descriptions and meeting agendas. A
				  job description for each spill management position or a reference to the
				  incident management handbook with position descriptions; except if the rail
				  plan holder follows without deviation the planning process or job descriptions
				  contained in the NWACP. If the planning process or job descriptions are
				  consistent with those contained in the NWACP, then the rail plan holder may
				  reference the NWACP rather than repeat the information.
(iv) Include a description of the type and
				  frequency of training that the spill management team receives, which shall
				  include at a minimum, dependent on the position, ICS, NWACP policies, use and
				  location of geographic response plans (GRPs), the contents of the plan and
				  worker health and safety. New employees shall complete the training program
				  prior to being assigned job responsibilities which require participation in
				  emergency response situations.
(i) Each plan shall include procedures for
				  immediately notifying appropriate parties that a spill or a substantial threat
				  of a spill has occurred. The procedures shall establish a clear order of
				  priority for immediate notification and include:
(i) A list of the names and phone numbers of
				  required notifications to government agencies, response contractors and spill
				  management team members. The notification section shall include names and phone
				  numbers, except that the portion of the list containing internal call down
				  information need not be included in the plan, but shall be available for review
				  by ecology upon request and verified during spills and drills.
(ii) Identify the central reporting office or
				  individuals responsible for implementing the notification process.
(iii) A form to document those
				  notifications.
(j) Each
				  plan shall contain the procedures to track and account for the entire volume of
				  oil recovered and oily wastes generated and disposed of during spills. The
				  responsible party shall provide waste disposal records to ecology upon
				  request.
(k) Each plan shall state
				  how an oil spill will be assessed for determining product type, potential spill
				  volume, and environmental conditions including tides, currents, weather, river
				  speed and initial trajectory as well as a safety assessment including air
				  monitoring.
(i) Each plan shall list
				  procedures that will be used to confirm the occurrence, and estimate the
				  quantity and nature of the spill. An updated notification report is required if
				  the initially reported estimated quantity or the area extent of the
				  contamination changes significantly. Rail plan holders and responsible parties
				  are required to document their initial spill actions and the plan shall include
				  the forms that will be used for such documentation.
(ii) The plan shall contain a checklist that
				  identifies significant steps used to respond to a spill, listed in a logical
				  progression of response activities.
(l) Each plan shall include a description of
				  the methods to be used to promptly assess spills with the potential to impact
				  groundwater, including contact information in the plan for resources typically
				  used to investigate, contain and remediate/recover spills to
				  groundwater.
(m) Each plan shall
				  include concise procedures to manage oil spill liability claims of damages to
				  persons or property, public or private, for which a responsible party may be
				  liable.
(n) Each plan shall include
				  a description of the sensitive areas and a description of how environmental
				  protection will be achieved, including containment, enhanced collection and
				  diversion tactics.
(i) The plan shall include
				  information on natural, cultural and economic resources, coastal and 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, physical geographic features, including relative
				  isolation of coastal regions, beach types, and other geological
				  characteristics; public beaches, water intakes including both drinking and
				  agricultural water supplies, private and public wells that supply drinking
				  water, and marinas; shellfish resources, significant economic resources and
				  vulnerable populations to be protected in the geographic area covered by the
				  plan.
(ii) Identification of
				  sensitive resources will not be limited to surface and shoreline species at
				  risk from floating oil spills but will also consider water column and benthic
				  species at risk from sunken, submerged, or nonfloating oil spills.
				  Identification of waterway depths, water density, sediment load, sea floor or
				  river bottom types, and response options based on those factors and risks from
				  nonfloating oil spills.
(iii) The
				  GRPs have been developed to meet these requirements and plans may refer to the
				  NWACP to meet these requirements. If railroad facilities occur in areas where
				  descriptions of the sensitive areas and a description of how environmental
				  protection will be achieved do not exist, railroad plan holders will submit
				  summary descriptions of the sensitive areas and prepare booming strategy
				  "control points" for waterways in the vicinity of the railroad
				  tracks.
(o) Each plan
				  shall identify potential initial command post locations.
(p) Each plan shall contain a description of
				  how the rail plan holder meets each applicable planning standard in Section C
				  of this chapter.