WAC 173-180-430   Class 1 facility -- Operations manual review and approval.  (1) Upon receipt of an operations manual, ecology will determine whether the operations manual is complete. If ecology determines that an operations manual is incomplete, ecology must notify the facility of the deficiencies.

     (2) When reviewing operations manuals ecology must consider the following:

     (a) The ability of the operations manual to provide best achievable protection from damages caused by the discharge of oil into waters of the state;

     (b) The volume and type of oil(s) addressed by the facility operations manual;

     (c) The history and circumstances of prior spills by similar types of facilities, including spills reported to the state and federal government in Washington state;

     (d) Inspection reports;

     (e) The presence of operating hazards;

     (f) The sensitivity and value of natural resources within the geographic area covered by the operations manual; and

     (g) Any pertinent local, state, federal agency, public comments received on the operations manual.

     (3) Ecology must endeavor to notify the facility owner or operator within five working days after completing the review whether ecology approves the operations manual.

     (4) If the operations manual receives approval, ecology must send the Class 1 facility owner or operator an approval letter describing the terms of approval, including an expiration date.

     (5) Conditional approval:

     (a) Ecology may approve an operations manual conditionally by requiring a facility owner or operator to operate with specific precautionary measures until acceptable components of the operations manual are resubmitted and approved by ecology.

     (b) Precautionary measures may include, but are not limited to:

     (i) Reducing oil transfer rates;

     (ii) Increasing personnel levels;

     (iii) Restricting operations to daylight hours; or

     (iv) Additional requirements to ensure availability to response equipment.

     (6) After receiving notification of conditional status from ecology, a Class 1 facility must submit and implement required changes to ecology within thirty calendar days. Ecology may issue an extension at ecology's discretion. Operations manual holders who fail to meet conditional requirements or provide required changes in the time allowed must lose conditional approval status.

     (7) If the operations manual approval is denied, ecology must send an explanation of the factors for disapproval and a list of deficiencies to the Class 1 facility owner or operator.

     (a) The owner or operator of the facility must resubmit the operations manual within ninety calendar days of notification of reasons for noncompliance, responding to the reasons and incorporating any suggested modifications.

     (b) The facility must not continue oil storage, transfer, production, or other operations until ecology approves an operations manual for that facility.

     (8) Approval of a manual by ecology does not constitute an express assurance regarding the adequacy of the operations manual nor constitute a defense to liability imposed under state law.

     (9) A facility may conduct operations if the facility properly submitted an operations manual to ecology and ecology has not provided the facility with a formal response.



[Statutory Authority: RCW 88.46.160, 88.46.165, and chapter 90.56 RCW. 06-20-034 (Order 06-02), § 173-180-430, filed 9/25/06, effective 10/26/06.]