1. (1) Any owner or operator may submit a plan for equivalent compliance for the alternative measures required in WAC 173-180-221 and 173-180-222. Any owner or operator who submits a plan must preboom or meet the applicable alternative measures until the equivalent compliance plan is approved.

   1. (a) Rate A deliverers may only submit a plan for alternative measures in WAC 173-180-221(9).
   2. (b) Rate B deliverers may only submit a plan for alternative measures in WAC 173-180-222(2).

2. (2) Format requirements. The plan must include the following:

   1. (a) Cover sheet with name of company submitting the plan and seeking equivalent compliance, and point of contact information; and
   2. (b) Table of contents including supporting documents and appendices.

3. (3) Content requirements. The plan must include the following:

   1. (a) Executive summary of the plan;
   2. (b) A detailed description of the equipment, personnel, operating procedures, and maintenance systems and any other alternatives that are being proposed; and

   3. (c) A detailed analysis of how the plan offers equivalent or greater level of protection as compared to the requirements in this chapter. This includes:

      1. (i) Methodology of the analysis;
      2. (ii) Detailed results with supporting data, references, graphs, tables, pictures, and other relevant information; and
      3. (iii) Technical feasibility of the plan versus current requirements.

4. (4) Submittal requirements. The owner or operator must submit the plan to ecology at least 120 calendar days prior to their planned date for beginning operations under that plan in Washington state.

   One electronic copy of the plan must be submitted to ecology. Ecology will maintain electronic submittal instructions on the spill prevention, preparedness, and response program website.

5. (5) Review and approval process. The owner or operator must submit the plan to ecology for reapproval at least 120 calendar days prior to the plan's expiration date. The owner or operator may request ecology review the plan currently on file at ecology.

   1. (a) If the plan is not submitted within the time frame required for reapproval before the expiration date, the lapse is considered noncompliance and may result in the loss of plan approval.

   2. (b) Upon receipt of the plan, ecology will determine whether the plan is complete. If ecology determines that the plan is not complete, the owner or operator will be notified of any deficiencies.

      Ecology may request additional information for the plan such as site specific meteorological, water current velocity, and other monitoring data to support the plan.

   3. (c) Once the plan is determined complete, ecology will make the plan available for a 30 calendar day public review and comment period, which will occur within ecology's 120 calendar day review period. Ecology will accept comments on the plan no later than 30 calendar days after the plan has been made publicly available.

   4. (d) Before the plan's expiration date, ecology will respond with a letter approving, conditionally approving, or disapproving the plan.

      1. (i) The plan is complete and accurate; and
      2. (ii) The plan would provide an equivalent or greater level of environmental protection as the alternative measures required in WAC 173-180-221 and 173-180-222.

      Ecology may approve the plan if, based upon the documents submitted and other information available to ecology, it finds that:

   5. (e) If the plan receives approval, the letter will describe the terms of approval, including an expiration date. Plan approval expires five years from the date on the approval letter.

      After approval, the owner or operator must ensure the facility's training and certification program are updated to include this plan.

   6. (f) If the plan is conditionally approved, ecology may require the facility to operate with specific restrictions until acceptable components of the plan are revised, resubmitted, and approved.

      1. (i) In the conditional approval, ecology will describe:

         1. (A) Each specific restriction and the duration for which they apply; and
         2. (B) Each required item to bring the plan into compliance.

      2. (ii) Restrictions may include, but are not limited to:

         Meeting some or all of the alternative measure requirements in WAC 173-180-221 or 173-180-222, as applicable.

      3. (iii) The owner or operator has 30 calendar days after notification of conditional approval to submit revisions and implement required changes. An extension may be issued at ecology's discretion. Conditional approval expires no later than 18 months from date of notification.
      4. (iv) Owners or operators who fail to meet conditional requirements or provide required changes in the time allowed may lose conditional approval status. Ecology may revoke its conditional approval prior to the expiration date if the owner or operator fails to meet the terms of the conditional approval.
   7. (g) If the plan is disapproved, the owner or operator must receive an explanation of the factors for disapproval and must preboom or meet the applicable alternative measures requirements.
6. (6) Plan updates. Ecology may review and require changes to the plan following any spill, inspection, or drill.

[Statutory Authority: RCW 88.46.160, 88.46.165, 90.56.005, 90.56.050, 90.56.200, 90.56.220, 90.56.230, and chapter 90.56 RCW. WSR 23-12-077 (Order 21-03), § 173-180-217, filed 6/6/23, effective 7/7/23.]