reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part A - GENERAL REQUIREMENTS › Section 173-185-010 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to owners and operators of:
(1) Facilities that receive crude oil by
				railroad car in the state; and
(2)
				Transmission pipelines that transport crude oil through the state.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part A - GENERAL REQUIREMENTS › Section 173-185-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter establishes:
(1) Advance notice requirements for
				facilities that receive crude oil by railroad car.
(2) Biannual notice requirements for
				transmission pipelines that transport crude oil.
(3) Disclosure procedures for ecology to:
(a) Provide nonaggregated information
				collected under this chapter to the state emergency management division,
				utilities and transportation commission, and any county, city, tribal, port,
				and local government emergency response agency to help these agencies
				effectively prepare for and respond to oil spills and other
				accidents.
(b) Provide aggregated
				information collected under this chapter to inform the public about the nature
				of crude oil movement through their communities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part A - GENERAL REQUIREMENTS › Section 173-185-030 - Compliance schedule

Current through Register Vol. 24-14, July 15, 2024
(1)
				Facilities.
(a) Owners and operators of
				facilities in operation at the time this chapter is adopted must meet the
				advance notice requirements in WAC
				173-185-070
				on the effective date of this chapter.
(b) Owners and operators of new facilities
				must meet the advance notice requirements in WAC
				173-185-070
				immediately upon beginning operations in the state.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part A - GENERAL REQUIREMENTS › Section 173-185-040 - Enforcement and penalties

Current through Register Vol. 24-14, July 15, 2024
Any violation of this chapter may be subject to enforcement
				  and penalties under
				  RCW
				  90.48.120,
				  90.48.140, and
				  90.48.144.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part A - GENERAL REQUIREMENTS › Section 173-185-050 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
"American
				Petroleum Institute (API) gravity"
is a measure of how heavy or light a
				petroleum liquid is compared to water.
(2)
"Bulk"
means material that
				is stored or transported in a loose, unpackaged liquid, powder, or granular
				form capable of being conveyed by a pipe, bucket, chute, or belt
				system.
(3)
"Crude
				oil"
means any naturally occurring hydrocarbons coming from the earth
				that are liquid at twenty-five degrees Celsius and one atmosphere of pressure
				including, but not limited to, crude oil, bitumen and diluted bitumen,
				synthetic crude oil, and natural gas well condensate.
(4)
"Ecology"
means the state of
				Washington department of ecology.
(5)
(a)
"Facility"
means any structure, group of structures, equipment,
				pipeline, or device, other than a vessel, located on or near the navigable
				waters of the state that transfers oil in bulk to or from a tank vessel or
				pipeline, that is used for producing, storing, handling, transferring,
				processing, or transporting oil in bulk.
(b) For the purposes of oil spill contingency
				planning in
				RCW
				90.56.210, facility also means a railroad
				that is not owned by the state that transports oil as bulk cargo.
(c) Except as provided in (b) of this
				subsection, a facility does not include any:
(i) Railroad car, motor vehicle, or other
				rolling stock while transporting oil over the highways or rail lines of this
				state;
(ii) Underground storage
				tank regulated by ecology or a local government under chapter 70A.355
				RCW;
(iii) Motor vehicle motor fuel
				outlet;
(iv) Facility that is
				operated as part of an exempt agricultural activity as provided in
				RCW
				82.04.330; or
(v) Marine fuel outlet that does not dispense
				more than three thousand gallons of fuel to a ship that is not a covered
				vessel, in a single transaction.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part A - GENERAL REQUIREMENTS › Section 173-185-060 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter is held invalid, the
				  remainder of the chapter is not affected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part B - NOTIFICATION, DISCLOSURES, AND NONDISCLOSURES › Section 173-185-070 - Advance notice-Facility requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Owners and operators of a facility that
				will receive crude oil from a railroad car must provide ecology with advance
				notice of all scheduled crude oil deliveries to be received by the facility as
				provided in this section. Notification may be made by the facility owner or
				operator's des-ignee.
(2) The
				advance notice must contain the following information:
(a) Name, address, contact person, and
				telephone number of the facility;
(b) Region of origin of crude oil as stated,
				or as expected to be stated, on the bill of lading;
(c) Railroad route taken to the facility
				within the state, if known;
(d)
				Scheduled time, which means date, and volume of the scheduled
				delivery;
(e) Gravity, as measured
				by standards developed by the American Petroleum Institute or, if unavailable
				at the time of reporting, expected gravity of crude oil scheduled to be
				delivered;
(f) Type of crude oil
				scheduled to be delivered based on:
(i)
				Gravity as reported under (e) of this subsection; and
(ii) designation of the crude oil as sweet or
				sour;
(g) Vapor pressure
				or, if unavailable at the time of reporting, expected vapor pressure of crude
				oil scheduled to be delivered. Vapor pressure reported under this subsection
				must be the vapor pressure or expected vapor pressure of the crude oil as
				measured by American Society for Testing and Materials, or ASTM, Standard
				D6377-20 or another method approved by ecology, at the expected temperature of
				the crude oil and with a vapor-liquid ratio between 1.5:1 and 4:1.
A copy of ASTM Standard D6377-20 is available for inspection
				  at 300 Desmond Drive S.E., Lacey, Washington 98503.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part B - NOTIFICATION, DISCLOSURES, AND NONDISCLOSURES › Section 173-185-080 - Biannual notice-Pipeline requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Owners and operators of a transmission
				pipeline that transports crude oil in or through the state must provide ecology
				biannual notice of all crude oil transported by the transmission pipeline in or
				through the state. Notification may be made by the transmission pipeline owner
				or operator's designee.
(2) The
				notice must contain the following information:
(a) Company name, address, contact person,
				and telephone number of the pipeline;
(b) Volume of crude oil by:
(i) Each listed state or province of origin
				of the crude oil;
(ii) Gravity, as
				measured by standards developed by the American Petroleum Institute, by
				weighted average;
(iii) Type of
				crude oil transported based on gravity as reported under (b)(ii) of this
				subsection, and designation of the crude oil as sweet or sour.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part B - NOTIFICATION, DISCLOSURES, AND NONDISCLOSURES › Section 173-185-090 - Disclosures-Emergency management division, utilities and transportation commission, and county, city, tribal, port, and local government emergency response agencies

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will
				share the advance notice information collected from facilities under WAC
				173-185-070
				with the state emergency management division and any county, city, tribal,
				port, or local government emergency response agency upon request. Requests to
				access this information must be submitted to ecology by email.
(2) Ecology will share the advance notice
				information collected from facilities under WAC
				173-185-070
				with the utilities and transportation commission.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part B - NOTIFICATION, DISCLOSURES, AND NONDISCLOSURES › Section 173-185-100 - Disclosures-The public

Current through Register Vol. 24-14, July 15, 2024
Ecology will disclose information collected under this
				  chapter by publishing it on a quarterly basis on ecology's website.
(1) Ecology will publish the following crude
				oil movement information:
(a) Mode of
				transport (i.e., railroad car or pipeline);
(b) Place of origin by region for facilities
				and by state or province for transmission pipelines;
(c) Number and volume of reported spills
				during transport and delivery;
(d)
				Estimated number of railroad cars delivering crude oil;
(e) Type and reported volume of crude oil
				received by facilities and crude oil transported by transmission pipelines in
				or through the state; and
(f) Vapor
				pressure of crude oil received by facilities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-185 - Oil movement by rail and pipeline notification › Part B - NOTIFICATION, DISCLOSURES, AND NONDISCLOSURES › Section 173-185-110 - Nondisclosure

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				  RCW
				  42.56.270(23) and
				  90.56.565(6),
				  ecology and any state, local, tribal, or public agency that receives
				  information provided under WAC
				  173-185-070
				  and
				  173-185-090
				  may not disclose any such information to the public or to nongovernmental
				  entities that contains proprietary, commercial, or financial information unless
				  that information is aggregated. The requirement for aggregating information
				  does not apply when information is shared by ecology with emergency response
				  agencies as provided in WAC
				  173-185-090.
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 I - PURPOSE, APPLICABILITY, AUTHORITY AND DEFINITIONS › Section 173-186-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish railroad oil
				  spill contingency plan requirements, drill and equipment verification
				  requirements, and provisions for inspection of records, effects of
				  noncompliance, and enforcement, which:
(1) Ensure maximally effective and rapid
				responses to oil spills by plan holders, spill management teams (SMT), wildlife
				response service providers (WRSP) and primary response contractors
				(PRC);
(2) Ensure constant
				readiness, well-maintained equipment and trained personnel;
(3) Support coordination with state, federal,
				local, tribal and other contingency planning efforts;
(4) Provide for the protection of Washington
				waters, and natural, cultural and significant economic resources by minimizing
				the impact of oil spills; and
(5)
				Provide the highest level of protection that can be met through the use of best
				achievable technology and those staffing levels, training procedures, and
				operational methods that constitute best achievable protection (BAP) as
				informed by the BAP five year review cycle (WAC
				173-186-410
				) and as determined by ecology.
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 I - PURPOSE, APPLICABILITY, AUTHORITY AND DEFINITIONS › Section 173-186-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				applies to:
(a) Railroad facilities required
				to submit oil spill contingency plans under chapter 90.56 RCW except for
				facilities as described in subsection (2) of this section.
(b) Railroad facility owners or operators who
				lease access to state owned railroad tracks.
(c) Any person submitting a contingency plan
				on behalf of a facility regulated under this chapter.
(d) Primary response contractors (PRCs) under
				contract to railroad contingency plan holders.
(e) SMTs that provide spill management
				services that must be approved by ecology to be cited in a contingency
				plan.
(f) WRSPs that provide
				wildlife response services that must be approved by ecology to be cited in a
				contingency plan.
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 I - PURPOSE, APPLICABILITY, AUTHORITY AND DEFINITIONS › Section 173-186-030 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW
				  88.46.160,
				  90.48.080,
				  90.56.005,
				  90.56.050,
				  90.56.060,
				  90.56.210,
				  90.56.240,
				  90.56.260,
				  90.56.270,
				  90.56.280,
				  90.56.300,
				  90.56.310,
				  90.56.320,
				  90.56.340, and
				  90.56.570 provide statutory
				  authority for the contingency plan preparation and review requirements and
				  drill standards established by this chapter for railroads.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-100 - Authority to submit contingency plan

Current through Register Vol. 24-14, July 15, 2024
(1) A plan may be submitted by any of the
				following:
(a) The owner or operator of the
				railroad; or
(b) A person who has
				contracted with the railroad to provide containment and cleanup services and
				who has been approved by ecology.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-110 - Submitting a railroad contingency plan

Current through Register Vol. 24-14, July 15, 2024
(1) The rail plan holder shall submit one
				hard copy and electronic copy of the plan and all appendices.
(2) Once the initial plan is approved, rail
				plan holders shall resubmit their plans to ecology every five years for review
				and approval.
(3) Ecology will
				maintain mailing address and electronic submittal instructions on the agency
				web site.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-120 - Phase-in dates for this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) This section applies to those plan
				holders who, on the effective date of this chapter, have approved or
				conditionally approved plans. Each update must contain all necessary content
				and meet the requirements of this chapter.
(2) Existing approved railroads defined as
				Type A shall within eighteen months after the effective date of this chapter
				submit updates for:
(a) Binding agreement (WAC
				173-186-210
				).
(b) Contingency plan general
				content - Notification information relating to SMTs, WRSPs, contracts or other
				approved documents, personnel listed in ICS roles in an organizational table,
				and description of type and frequency of training (WAC
				173-186-220
				).
(c) Contingency plan general
				content - Reference to an incident management handbook or detailed description
				of planning process (WAC
				173-186-220
				).
(d) Contingency plan general
				content - List of resources at risk considering water column and benthic
				species and habitat, identification of waterways depth and response options
				based on those factors. (WAC
				173-186-220
				). This update will be met through planned updates to the geographic response
				plans which are developed as annexes to the Northwest Area Contingency
				Plan.
(e) Field document -
				Notification form (WAC
				173-186-230
				).
(f) Nonfloating oils planning
				standard (WAC
				173-186-330
				).
(g) Meet the requirements for
				access to equipment and personnel to support initial wildlife assessment,
				wildlife deterrence, and mobile field stabilization assets (WAC
				173-186-370
				).
(h) Drill types and frequency
				(WAC
				173-186-510
				and
				173-186-530
				).
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-130 - Annual plan maintenance

Current through Register Vol. 24-14, July 15, 2024
At least once annually, rail plan holders shall review the
				  entire plan for accuracy and either:
(1) Update and submit the amended page(s) of
				the plan to ecology for review and approval; or
(2) If no plan changes are needed, provide a
				letter to ecology confirming that the existing plan is still
				accurate.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-140 - Significant changes to approved plans

Current through Register Vol. 24-14, July 15, 2024
(1) At any point during the five year
				approval period, if there is a temporary or permanent significant change in the
				personnel or response equipment described in the plan, the rail plan holder
				shall:
(a) Notify ecology in writing within
				twenty-four hours of the change; and
(b) Provide both a schedule for the prompt
				return of the plan to full operational status and a proposal for any backfill
				to compensate for the temporary significant change. This proposal shall be
				reviewed and approved by ecology.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-150 - Post-spill review and documentation procedures

Current through Register Vol. 24-14, July 15, 2024
Rail plan holders are required to conduct post-spill review
				  procedures to review both the effectiveness of the plan and make plan
				  improvements. Debriefs with ecology and other participating agencies and
				  organizations may be appropriate if unified command has been established during
				  a spill, and are required when significant plan updates are identified or
				  significant lessons can be recorded and implemented.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-160 - Plan implementation procedures

Current through Register Vol. 24-14, July 15, 2024
Every rail plan holder is required to implement the ecology
				  approved plan in any response to an oil spill and drill. A decision to use a
				  different plan shall first be approved by the state and federal on-scene
				  coordinators.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-170 - Inspection of records

Current through Register Vol. 24-14, July 15, 2024
Ecology may verify compliance with this chapter by
				  examining:
(1) Training and equipment
				maintenance records;
(2) Drill
				records;
(3) Accuracy of call-out
				and notification lists;
(4) Spill
				management team lists;
(5) ICS
				forms;
(6) Waste disposal records;
				and
(7) Post-spill reviews and
				other records on lessons learned.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-180 - Enforcement-Noncompliance

Current through Register Vol. 24-14, July 15, 2024
(1) If an owner or
				operator of a railroad, a person, or rail plan holder is unable to comply with
				an approved contingency plan or otherwise fails to comply with requirements of
				this chapter, ecology may, at its discretion:
(a) Place conditions on plan
				approval.
(b) Require additional
				drills to demonstrate effectiveness of the plan.
(c) Revoke the approval status.
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 II - PLAN SUBMITTAL, MAINTENANCE AND IMPLEMENTATION › Section 173-186-190 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter is held invalid, the
				  remainder of the chapter is not affected.
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 173-186-200 - Contingency plan format requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Rail plan holders shall format and
				  maintain plans to maximize their usefulness during a spill. Information shall
				  be readily accessible and plans shall contain job aids, diagrams and checklists
				  for maximum utility. Plans shall be formatted to allow replacement of pages
				  with revisions without requiring replacement of the entire plan.
(2) Plans shall be divided into a system of
				  numbered, tabbed chapters, sections and annexes/appendices. Each plan shall
				  include a detailed table of contents based on chapter, section, and
				  annex/appendix numbers and titles, as well as tables and figures.
(3) Where provided by ecology, an easy-to-use
				  boilerplate plan for rail plan holders may be used.
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 173-186-210 - Binding agreement

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Each plan shall contain a written agreement binding the contingency plan
				  submitter to its use. The person(s) signing the agreement shall be authorized
				  to make expenditures to implement the requirements in subsection (2) of this
				  section. Form number ECY 070 612 may be used. The binding agreement shall be
				  signed by:
(a) An authorized owner, or
				  operator, or a designee with authority to bind the owners and operators of the
				  facilities or vessels covered by the plan;
(b) An authorized representative(s) of a
				  company contracted to the vessel or facility and approved by ecology to provide
				  containment and clean-up services.
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 173-186-230 - Field document

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Each plan shall contain a field document which lists time critical information
				  for the initial emergency phase of a spill or a substantial threat of a spill.
				  The owner or operator of the railroad shall make the field document available
				  to personnel who participate in oil handling operations and shall keep the
				  field document in key locations for use during an initial response. The
				  locations where field documents are kept shall be listed in the plan.
(2) At a minimum, the field document shall
				  contain:
(a) Procedures to detect, assess and
				  document the presence and size of a spill;
(b) Spill notification procedures including a
				  form to document them when made; and
(c) The checklist that identifies significant
				  steps used to respond to a spill, listed in a logical progression of response
				  activities.
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 173-186-240 - Plan implementation procedures (Repealed)

Current through Register Vol. 24-14, July 15, 2024
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 B - Planning Standards › Section 173-186-300 - Planning standards

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Ecology shall apply a planning standard when determining the ability of a rail
				  plan holder to meet the requirements of these regulations. The planning
				  standards described in this chapter do not constitute cleanup standards nor
				  response standards that must be met by the holder of a contingency plan.
				  Failure to remove a discharge within the time periods set out in this chapter
				  does not constitute failure to comply with a contingency plan, for purposes of
				  this section or for the purpose of imposing administrative, civil, or criminal
				  penalties under any other law.
In an actual spill event, initial deployment shall be
					 guided by safety considerations. The responsible party shall address the entire
					 volume of an actual spill regardless of the planning standards.
(2) Ecology will use the
				  procedures described in WAC
				  173-182-345 and
				  173-182-348 to evaluate recovery
				  capability required in these planning standards.
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 B - Planning Standards › Section 173-186-320 - Maintenance records for oil spill response equipment

Current through Register Vol. 24-14, July 15, 2024
Rail plan holders that own oil spill response equipment
					 shall develop schedules, methods, and procedures for response equipment
					 maintenance. Maintenance records shall be kept for at least five years and made
					 available if requested by ecology. Equipment shall be listed on the WRRL or
					 equivalent spreadsheet included in the contingency plan.
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 B - Planning Standards › Section 173-186-330 - Planning standards for spills of oils that, depending on their chemical properties, environmental factors (weathering), and method of discharge, may submerge or sink

Current through Register Vol. 24-14, July 15, 2024
(1) Plan holders
				  carrying, handling, storing, or transporting oils, that may weather and sink
				  when spilled to the environment, must have or contract with a PRC that
				  maintains the resources and/or capabilities necessary to respond to a spill of
				  nonfloating oil spills.
(2) The
				  plan holder or contracted primary response contractors must have equipment
				  capable of arriving within the time frames outlined in the table below:
Time (hours)
Capability
6
Initiate an assessment and consultation regarding the
							 potential for the spilled oil to submerge or sink.
6-12
Resources to detect and delineate the spilled oil such
							 as side scan or multibeam sonar, sampling equipment, divers, remotely operated
							 vehicles or other methods to locate the oil on the bottom or suspended in the
							 water column could have arrived.
Additionally, containment boom, sorbent boom, silt
							 curtains, or other methods for containing the oil that may remain floating on
							 the surface or to reduce spreading on the bottom could have arrived.
12-24
Resources and equipment necessary to assess the impact
							 of the spilled oil on the environment oil could have arrived.
Dredges, submersible pumps, or other equipment
							 necessary to recover oil from the bottom and shoreline could have arrived.
(3) Additionally, the contingency plan must
				  detail the process for identifying if the oil handled has the potential to sink
				  or submerge and include a description of the process for detecting,
				  delineating, and recovering nonfloating oils in the areas that may be impacted.
				  In lieu of including nonfloating oils response details in the contingency plan,
				  plan holders may cite the nonfloating oils response tools found in the
				  NWACP.
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 B - Planning Standards › Section 173-186-340 - Planning standards for in situ burning

Current through Register Vol. 24-14, July 15, 2024
Based on the NWACP, plan holders operating in areas where
					 in situ burning could be approved shall identify equipment for the use of in
					 situ burning including locations of fire booms, air monitoring equipment,
					 firefighting foam, igniters and aircraft or vessels to be used to deploy the
					 igniters. These resources shall be capable of being on scene within twelve
					 hours of spill notification.
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 B - Planning Standards › Section 173-186-350 - Planning standards for shoreline cleanup

Current through Register Vol. 24-14, July 15, 2024
Each rail plan holder shall identify and ensure the
					 availability of response resources necessary to perform shoreline cleanup
					 operations capable of being on scene within twenty-four hours of spill
					 notification.
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 B - Planning Standards › Section 173-186-360 - Planning standards for air monitoring to protect oil spill responders and the public

Current through Register Vol. 24-14, July 15, 2024
Rail contingency plans shall include a narrative
					 description of applicable federal, state, and local requirements and the plan
					 holder's resources for conducting air monitoring to protect oil spill
					 responders and the public, including:
(1) A description of how initial site
				  characterization for responders will occur;
(2) A description of air monitoring
				  instruments and detection limits that will be used when monitoring for public
				  safety;
(3) A description of action
				  levels for various oil constituents of concern based on products handled by the
				  railroad (benzene, H2S, etc.);
(4)
				  A description of how data management protocols and reporting time frames will
				  be managed under unified command;
(5) A description of how communication
				  methods to at-risk populations will be managed under unified command;
(6) A description of how evacuation zones and
				  shelter-in-place criteria are established under unified command.
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 B - Planning Standards › Section 173-186-380 - Documenting compliance with the planning standards

Current through Register Vol. 24-14, July 15, 2024
(1) The rail plan holder shall describe how
				  the planning standards found in this chapter are met.
(2) The rail plan holder shall include in the
				  plan, a spreadsheet provided by ecology on the resources to meet the planning
				  standards as described in this chapter. This spreadsheet shall account for
				  boom, recovery systems, storage, and personnel .
(3) Ecology will use the process and criteria
				  found in WAC
				  173-182-350
				  to analyze the spreadsheet.
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 C - Plan Evaluation › Section 173-186-400 - Plan evaluation criteria and alternative method of evaluating planning standards

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Rail plan holders shall prepare a plan that demonstrates capability, to the
				  maximum extent practicable, of promptly and properly removing oil and
				  minimizing environmental damage from a variety of spill sizes, up to and
				  including worst case spills. Ecology will evaluate plans using the process and
				  criteria contained in WAC 173-182-610.
(2) A rail plan holder may request that
				  ecology review and approve a plan using an alternative planning standard. Such
				  requests should be submitted with the plan and shall be subject to a thirty day
				  public review period and comment period which includes, but is not limited to,
				  interested local and tribal governments and other stakeholders.
(a) The proposal shall include, at a minimum:
(i) A reference to which planning standard(s)
				  in this chapter the proposal will be substituted for;
(ii) A detailed description of the
				  alternative proposal including equipment, personnel, response procedures, and
				  maintenance systems that are being proposed; and
(iii) An analysis of how the proposal offers
				  equal or greater protection or prevention measures as compared to the
				  requirement in this chapter.
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 C - Plan Evaluation › Section 173-186-410 - Oil spill contingency plan best achievable protection five-year review cycle

Current through Register Vol. 24-14, July 15, 2024
Using the procedures and criteria outlined in WAC
					 173-182-621, ecology will review
					 the planning standards at five-year intervals to ensure the maintenance of best
					 achievable protection to respond to a worst case spill and provide for
					 continuous operation of oil spill response activities to the maximum extent
					 practicable and without jeopardizing crew safety.
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 C - Plan Evaluation › Section 173-186-420 - Process for plan approval

Current through Register Vol. 24-14, July 15, 2024
Rail owners or operators for new railroad operations shall
					 submit plans to ecology no less than sixty-five days prior to their planned
					 date for beginning of operations in Washington.
(1) Upon receipt of a plan, ecology shall
				  evaluate whether the plan is complete, and if not, the rail plan holder shall
				  be notified of any deficiencies within five business days. The public review
				  and comment period does not begin until a complete plan is received.
(2) Once a plan has been determined to be
				  complete, ecology shall notify interested parties, including local and tribal
				  governments and make the plan available for public review and comment. Ecology
				  will accept comments on the plan for a period of thirty days after the plan has
				  been made publicly available. No later than sixty-five days from the date of
				  public notice of availability, ecology will make a written determination either
				  approving, conditionally approving, or disapproving the plan. The written
				  determination will be provided in the form of an order and subject to appeal as
				  specified in chapter 43.21B RCW.
(a) If the
				  plan is approved, the rail plan holder will receive a certificate of plan
				  approval and the plan expiration date. Approved plans shall be valid for five
				  years.
(b) If the plan is
				  conditionally approved, ecology may require a rail plan holder to operate under
				  specific restrictions until unacceptable components of the plan are revised,
				  resubmitted and approved. In the conditional approval ecology will describe:
(i) Each specific restriction and the
				  duration for which it applies;
(ii)
				  Each required item to bring the plan into compliance; and
(iii) The schedule for rail plan holders to
				  submit required updates, including a reference to the regulatory standard in
				  question.
Restrictions may include, but are not limited to,
					 additional information for the plan or additional requirements to ensure
					 availability of response equipment.
Conditional approval expires no later than eighteen months
					 from date of issue at which time the rail plan holder shall need to request an
					 extension, which is subject to public review.
Ecology shall revoke its conditional approval prior to the
					 expiration date when a rail plan holder fails to meet the terms of the
					 conditional approval. The revocation will be in the form of an appealable
					 order.
(c) If
				  the plan is disapproved, the rail plan holder shall receive an explanation of
				  the factors.
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 C - Plan Evaluation › Section 173-186-430 - Process for public notice and opportunity for public review and comment period

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose
				  of this section is to specify the procedures for notifying the public which
				  includes interested local and tribal governments about contingency plan status
				  and decisions in order to provide opportunities for the public to review and
				  comment.
(2) In order to receive
				  notification of the public review and comment period, interested public, local,
				  and tribal governments should sign up on the ecology e-mail list (listserv) for
				  posting notice about plan review and comment. Ecology's web site will also be
				  used to post notice of public review and comment periods.
(3) Public comment periods shall extend at
				  least thirty days. Public notice, review, and comment periods are required in
				  the following circumstances:
(a) Plan
				  submittals for railroads that have never submitted a plan in
				  Washington;
(b) Plan updates
				  required by WAC 173-186-130;
(c)
				  The submittal of plans for five-year review as required by WAC
				  173-186-110;
(d) Requests for an
				  alternative planning standard in accordance with WAC 173-186-400;
(e)Rail plan holder requests for drill
				  requirement waivers in accordance with WAC 173-186-540; and
(f) A permanent significant change to an
				  approved plan.
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 D - Drill and Equipment Verification Program › Section 173-186-500 - Drill participation, scheduling and evaluation

Current through Register Vol. 24-14, July 15, 2024
(1) Rail plan holders , PRCs, SMTs and WRSPs
				  shall participate in a drill and equipment verification program for the purpose
				  of ensuring that all contingency plan components function to provide, to the
				  maximum extent practicable, prompt and proper removal of oil and minimization
				  of damage from a variety of spill sizes. In Washington, a modified triennial
				  cycle for drills, as found in the National Preparedness for Response Exercise
				  Program (NPREP), is relied on to test each component of the plan.
(2)
Ecology's participation in
				  drills:
Rail plan holders and PRCs shall ensure ecology is provided an
				  opportunity to help design and evaluate all tabletop and deployment drills for
				  which the rail plan holder desires drill credit.
(3)
Scheduling drills:
Rail plan
				  holders shall schedule drills on the NWACP area exercise calendar. Drill
				  scheduling requirements are listed in the table in WAC
				  173-186-510.
(4)
Evaluating drills:
Ecology
				  shall provide a written drill evaluation report to the rail plan holder
				  following each drill. Credit will be granted for drill objectives that are
				  successfully met.
(5) Objectives
				  that are not successfully met shall be tested again and successfully
				  demonstrated within the triennial cycle, except that significant failures will
				  be retested within thirty days.
(6)
				  Where plan deficiencies have been identified in the written evaluation, rail
				  plan holders may be required to make specific amendments to the plan or conduct
				  additional trainings to address the deficiencies.
(7) A rail plan holder may request an
				  informal review with ecology of the ecology drill evaluation within thirty days
				  of receipt of the report.
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 D - Drill and Equipment Verification Program › Section 173-186-530 - Other ways to get drill credit

Current through Register Vol. 24-14, July 15, 2024
(1) Drill credits for actual spills: Rail
				  plan holders may request drill credit for a response to an actual spill,
				  provided that ecology has an opportunity to participate during the spill and
				  evaluate the spill response. Credit for a spill may only be used to replace the
				  requirement to conduct a drill once per triennial cycle. If credit for a spill
				  is requested more than once per triennial cycle, it is up to the discretion of
				  ecology if additional credit. The requested additional spill credit may be
				  granted if significant lessons learned from the spill or key response
				  components were successfully demonstrated.
(a) The plan holder shall submit a written
				  request to ecology within sixty days of completion of the cleanup operations.
The request shall include documentation supporting the
					 components of WAC
					 173-186-520.
(b) Within ninety days, the rail
				  plan holder shall submit a lessons learned summary supporting the request for
				  drill credit.
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 D - Drill and Equipment Verification Program › Section 173-186-540 - Drill requirement waivers

Current through Register Vol. 24-14, July 15, 2024
(1) Rail plan holders may request a waiver
				  for deployment or tabletop drill requirements.
(2) The request shall be in writing and shall
				  describe why a waiver should be considered and how the rail plan holder is
				  meeting the purpose and intent of the drill program.
(3) Rail plan holder's requests for a drill
				  waiver will be made available for public review and comment, including
				  interested local and tribal governments and other stakeholders, for a period of
				  thirty days.
(4) Ecology will
				  evaluate the request and respond in writing within sixty calendar days of
				  receipt of the waiver request.
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 IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section A - Contingency Plan Format, Content and Implementation › Section 173-186-600 - Inspection of records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
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 IV - OIL SPILL CONTINGENCY PLANS FOR TYPE B RAILROADS › Section A - Contingency Plan Format, Content and Implementation › Section 173-186-601 - Contingency plan format requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Rail plan holders shall format and
				  maintain plans to maximize their usefulness during a spill. Information shall
				  be readily accessible and plans shall contain job aids, diagrams and checklists
				  for maximum utility. Plans shall be formatted to allow replacement of pages
				  with revisions without requiring replacement of the entire plan.
(2) Plans shall be divided into a system of
				  numbered, tabbed chapters, sections and annexes/appendices. Each plan shall
				  include a detailed table of contents based on chapter, section, and
				  annex/appendix numbers and titles, as well as tables and figures.
(3) Where provided by ecology, an easy-to-use
				  boilerplate plan for rail plan holders may be used.