Technical Assistance for Primary Response Contractors

WAC 173-182 Updates

On December 14, 2013 Washington State adopted updates to the Oil Spill Contingency Plan Rule, Chapter 173-182 WAC. While most of the changes apply to facility and vessel contingency plan holders there were some updates to the requirements for Primary Response Contractors.

Primary Response Contractor Requirements fall under the following rule sections:

WAC 173-182-015 Applicability
WAC 173-182-110 Authority to submit contingency plan
WAC 173-182-270 Maintenance records for response equipment
WAC 173-182-640 Process for public notice and opportunity for public review and comment period
WAC 173-182-800 Primary response contractor (PRC) application
WAC 173-182-810 Content submittal and review of contractor applications
WAC 173-182-820 Significant changes require notification


 

PRC Application Requirements Q&A

Question: What is the official “effective date” for the rule?

Answer:  The rule was adopted December 14th, 2012 and became effective January 14th, 2013.

Question: What updated PRC requirements are in effect NOW?

Answer: All elements of 173-182-820 Significant Change Notification became effective on the rule effective date.
 

Question:  Where can I find information about the rule phase-in dates?

Answer:  The rule phase-in dates are detailed in WAC 173-182-130. The next phase in date affecting PRCs is the 18 month phase-in. For PRCs to be incompliance with the 18 month phase-in all updates to the PRC application must be submitted by July 14th, 2014.  
 

Question: What does the 18 month phase-in require?

Answer: By July 14th, 2014 all primary response contractors must update their applications to comply with WAC 173-182-810 Primary response contractor application content, submittal and review. In order to address this requirement you may resubmit your entire PRC application using the updated PRC Application  or submit updates to the following sections of your approved PRC application: 

Update the signature block in section B-SIGNATURE of the new application.  In the updated application we aligned the language in the signature block with the old regulation and added two new commitment statements:

    o   Identifying and training staff and supervisors expected to be deployed on oil spill response tactics or used to meet the plan holder planning standards. WAC 173-182-800
    o   Maintaining a list of PRC response equipment on the Western Response Resource List or provide an equivalent electronic equipment list and confirm the accuracy of the list on a quarterly basis. WAC 173-182-810

Update training as described in section E-TRAINING INFORMATION of the new PRC application.

The quarterly requirement to certify the accuracy of the equipment listed on the WRRL phases in on July 14th, 2014.  Please ensure your WRRL listing  is up to date when you submit your PRC application.  Moving forward we will send you an email reminder of the required WRRL accuracy update on or around the following dates.
    o   October 1st
    o   January 1st
    o   April 1st
    o   July 1st

If your PRC application includes information for your customers (plan holders) to reference in support of their compliance, you may also need to update the following sections of your application:
 
Vessels of Opportunity Region - WAC 173-182-317 Update information in your application describing how you meet the VOO requirements for the Straits Region-1.  The categories of information to include in your application are detailed in the new PRC application section F3.
 
Aerial Surveillance Helicopter/Fixed Wing WAC 173-182-321 update your PRC application to include the information described in section F12 of the new PRC application.

On-Water Storage WAC 173-182-335 if a PRC must purchase and stage NEW dedicated on-water storage equipment to meet this standard you must first submit your plan to Ecology describing the equipment and staging location.  Upon approval of your plan you must list the new equipment on the WRRL.  Notify Ecology when the equipment is staged and listed on the WRRL.  Ecology will schedule a meeting with you to verify the equipment.  

4 Hour Planning Standard Update the WRRL to reflect the purchase of new equipment which meets the capability required by this standard. Notify Ecology when the equipment is staged and listed on the WRRL.  Ecology will schedule a meeting with you to verify the equipment.   
 
Shoreline Cleanup WAC 173-182-522 Update shoreline clean-up information in section F9 to describe any additional capabilities you purchased or staged to align with the shoreline clean up requirements phasing in at 18 months.  Notify Ecology when the equipment is staged and listed on the WRRL.  Ecology will schedule a meeting with you to verify the equipment. 

Question:  Will I get a new PRC approval and expiration date based on my new PRC application submittal or PRC application updates? 

Answer:  If you resubmit your entire PRC application, using the new application form, you will receive a new approval and expiration date. 

Alternatively, if you choose to update your existing application and ONLY submit the sections which phase in at 18 months your current submittal and expiration date stays the same.  Ecology will accept either a complete submittal or updates to your existing PRC application.  Feel free to choose the option that works best for your company.


Alternative equipment travel speeds

When reviewing industry oil spill plans, we analyze whether response equipment is in strategic locations that can be moved from a home base to a potential spill site within certain planning timeframes.  Standard travel speeds of 35 miles per hour over land and 5 knots over water and 100 knots by air are applied, unless plan holders request alternative travel speeds and we grant them.  Because you own the equipment and keep records on performance, your customers will ask you for help to meet this requirement (WAC 173-182-350).

In order for the request to be accepted by Ecology, new or updated, alternative transit speed submissions should be conducted under one of  the following options:

 

OPTION 1:  THE MEASURED MILE

Select a measured mile for your test location. This can be a measured mile from designated/charted measured mile markers or between known charted navigational aids.  Run the vessel on a measured mile a minimum of 4 runs (4 different directions). Runs should be conducted with normal loads of fuel, water, personnel, boom and recovery equipment on board.  Record the following data and include in your alternative request submission:

o   Vessel for which the alternative speed is requested

o   Speed Run Location

o   Date of Run

o   For each of the 4 runs document

§  Distance

§  Engine RPM

§  Elapsed Time

§  Calculated Speed

§  Document  conditions of the day, wind/sea conditions

§  Average the calculated speed of the four runs to determine the alternative speed for the vessel

OPTION 2: TIME TEST

The vessel must travel away from its home base in one direction for one hour.  The time test should be conducted with normal loads of fuel, water, personnel, boom and recovery equipment on board. Record the following data and include in your alternative request submission:

o   Record lat/long information every 10 minutes for both the destination and return trip (total of approximately 2 hours)

o   Describe conditions of the day including weather and sea state conditions.

o   Engine RPM during the test

 

o   Calculated average speed

OPTION 3: VESSEL LOG

The vessel log should contain the following information:

o   Vessel arrival time and location, including latitude and longitude.

o   Vessel departure time and location, including latitude and longitude.

o   Sea state conditions.

 

o   Description of load conditions.  The log entry should be for a trip conducted with normal loads of fuel, water, personnel, boom and recovery equipment on board.

o   Engine RPM during the test

o   Calculated average speed

OPTION 4: SUBMIT DOCUMENTATION OF A USCG APPROVED ALTERNATIVE SPEED

If a plan holder/PRC has documentation of a United States Coast Guard approved alternative transit speed it may be submitted to Ecology for review and approval.

 

If Ecology is invited to, and present during any of the tests, the Ecology representative will record all the information for documentation (detailed above).  The requester will no longer need to submit documentation.

If approval of alternate travel time is granted by ecology you will receive a letter detailing the equipment and the approved travel speeds.

Drills may be used to verify travel times.

Please contact Sonja Larson for more information.