Frequently Asked Questions from the Public

While the new program will not address emergency response, DEQ has several related programs that do:

The Oil Spill Prevention and Contingency Planning Program for high hazard railways, vessels, oil pipelines transporting large quantities of petroleum in bulk and large facilities that transfer petroleum over water. This program requires oil spill planning and preparedness to ensure protection of the navigable waters of the Columbia and Willamette rivers and Oregon's coastal zone. DEQ works with industries to develop response strategies and tactics to help mitigate the impacts to human health and the environment when spills occur. DEQ also plans, conducts and evaluates drills and exercises to ensure that plan holders in the program can respond to spills under the National Incident Management System.
The Emergency Response Program responds to spills of oil and hazardous materials in Oregon. DEQ receives over 2,000 incident notifications from the Oregon Emergency Response System each year, representing the largest volume of OERS reports managed by any local or state agency. DEQ receives notifications of “reportable releases" 24 hours a day, seven days a week.
The Environmental Cleanup program protects human health and the environment by identifying, investigating, and remediating sites contaminated with hazardous substances including petroleum. The program's objective is to improve sites to the point where no further cleanup action is necessary to return them to productive use. Contamination may occur from current or former operating practices that resulted in releases of hazardous substances discovered during environmental assessments or complaints.
DEQ participates in national level exercises organized by FEMA such as Cascadia Rising

Facility assessment plans are due in by June 2024 and will require review and possible revision before approval. Risk mitigation plan submittals are required six months after assessment approval and must propose an implementation schedule no longer than 10 years.

SB 1567 tasks Oregon Department of Energy with developing an energy security plan. DEQ's Seismic Stability program team and DOE are collaborating.

If during the assessment it becomes clear an option to mitigate risk is to decommission or relocate a tank, a structure or a facility, the facilities could include that action in their risk mitigation plans.

Until SB1567 was passed, DEQ has not been involved with seismic assessment work.   
Bonneville Power Administration recently has conducted a seismic. vulnerability study of their system and has had a long-term seismic mitigation program in place since 1993. 
Public Utility Commission started to require seismic studies and mitigation of all investors owned utilities in 2012.

The Risk Mitigation Implementation Plans submitted to DEQ will go through a public comment period and may be sent to DOGAMI, ODOE and the Office of the State Fire Marshal for review before they are approved by DEQ. An engineering peer review will also be completed. Members of the public and regulated facilities will be able to comment on the proposed plans.

The Seismic Vulnerability Assessments requirements pertain to the entire fuel terminal with all its elements.

DEQ may request a review from Oregon Department of Geology and Mineral Industries, Oregon Department of Energy, and the Office of the State Fire Marshal prior to approving a SVA or a RMIP.

DEQ prepared and presented to the Rules Advisory Committee a fiscal impact analysis statement. With the information available at this time, DEQ does not anticipate that the public will be significantly affected by the new program.

Section 5 for SB1567 has specific language about unlawful employment practices, include enforcement authority. Further DEQ rulemaking is not needed to implement those protections.

DEQ also has a Pollution Complaint reporting system that accepts anonymous and confidential reports.

DEQ has established enforcement procedures defined in OAR Chapter 340, Division 12. The newly adopted rules include OAR 340-12-0064 providing the enforcement classification of various violations. OAR 340-012-0140(a)(2) places these violations on DEQ's highest penalty matrix.

Frequently Asked Questions from the Public

1. Does the new program address emergency response?

2. When will the risk mitigation work be completed?

3. Will the program address fuel security so that we still have fuel available after the earthquake?

4. Will removal or relocation be an option for regulated tanks?

5. Have any fuel storage facilities in Oregon ever conducted a seismic vulnerability assessment?

6. Will there be peer review of proposed mitigation plans?

7. Will out of service tanks be included in the Seismic Vulnerability Assessments?

8. Will local jurisdictions be involved in Seismic Vulnerability Assessment and Risk Mitigation Implementation Plan reviews?

9. How will the public be affected by passed down costs?

10. Is there whistleblower protection for facility workers?

11. How will DEQ enforce these requirements?