WAC 173-180-545   Class 2 facility -- Program approval.  (1) Ecology must approve all training and certification programs.

     (2) Class 2 facilities operating on the effective date of this chapter:

     (a) Must develop or modify their training and certification program to meet the requirements in this chapter and implement the program within ninety calendar days of the approved date of the operations manual.

     (b) Must train and certify all key supervisory and operations personnel under the facility's training and certification program within ninety calendar days from the approved date of the operations manual.

     (3) Class 2 facilities that begin conducting oil transfer operations after the effective date of this chapter:

     (a) Must develop and implement their training and certification program within ninety calendar days prior to the first oil transfer operation.

     (b) Must train and certify all key supervisory and operations personnel within ninety calendar days prior to the first oil transfer operation.

     (4) To receive approval ecology will conduct an on-site evaluation of the facility's training materials, testing and certification records, and consult with personnel.

     (5) Ecology will notify Class 2 facilities regarding approval status within thirty calendar days from completing the evaluation under subsection (4) of this section.

     (6) Class 2 facilities that do not receive approval will have ninety calendar days to address deficiencies in their training and certification program. Ecology may grant an extension at ecology's discretion.

     (7) For those personnel trained or certified after the deadlines established in subsections (2) and (3) of this section but before ecology approval, retraining or recertification can be postponed until the next retraining or recertification cycle as established by the facility.

     (8) Training and certification program approval is valid for five years.

     The facility must document changes to the facility's program and make the documentation available to ecology upon request.

     (9) Ecology may perform announced and unannounced inspections at facilities to verify compliance.

     (10) When evaluating programs for Class 2 facilities, ecology must consider the following at a minimum:

     (a) The requirements in WAC 173-180-530 and 173-180-550;

     (b) The volume and type of oil(s) handled by the facility, and frequency of oil-handling operations;

     (c) Number of facility personnel;

     (d) The history and circumstances of prior spills by similar types of facilities, including spill reports by ecology on-scene coordinators; and

     (e) Inspection reports.

     (11) If approved, ecology will send a certificate of approval to the Class 2 facility. The certificate will include the terms of approval, including expiration dates pursuant to subsection (6) of this section.

     (12) Ecology may conditionally approve a training and certification program by requiring a Class 2 facility owner or operator to operate with specific precautionary measures until unacceptable components of the program are resubmitted and approved.

     (13) A Class 2 facility must have thirty calendar days after ecology gives notification of conditional status to make the required changes, with the option for an extension at ecology's discretion. Facilities which fail to meet conditional requirements or make required changes in the time allowed must lose conditional approval status.

     (14) If approval is denied or revoked, ecology must send the Class 2 facility owner or operator an explanation of the factors for disapproval and a list of deficiencies. The facility may be subject to penalties identified in chapter 90.56 RCW.

     (15) Approval of a training and certification program by ecology does not constitute an express assurance regarding the adequacy of the program nor constitute a defense to liability imposed under state law.

     (16) Ecology may review the facility's training and certification program following any spill, inspection, or drill at the Class 2 facility.



[Statutory Authority: RCW 88.46.160, 88.46.165, and chapter 90.56 RCW. 06-20-034 (Order 06-02), § 173-180-545, filed 9/25/06, effective 10/26/06.]