1. (1) Drill credits for actual spills: Rail plan holders may request drill credit for a response to an actual spill, provided that ecology has an opportunity to participate during the spill and evaluate the spill response. Credit for a spill may only be used to replace the requirement to conduct a drill once per triennial cycle. If credit for a spill is requested more than once per triennial cycle, it is up to the discretion of ecology if additional credit. The requested additional spill credit may be granted if significant lessons learned from the spill or key response components were successfully demonstrated.

   1. (a) The plan holder shall submit a written request to ecology within sixty days of completion of the cleanup operations.

      The request shall include documentation supporting the components of WAC 173-186-520.

   2. (b) Within ninety days, the rail plan holder shall submit a lessons learned summary supporting the request for drill credit.

2. (2) Rail plan holders may request drill credit for out-of-state tabletop drills if:

   1. (a) Ecology has been invited to attend the drill;
   2. (b) Ecology has an opportunity to participate in the planning process for the drill. There shall be a meeting to discuss the scope and scale of the exercise, the drill objectives and the types of criteria for which Washington credit may be applicable;
   3. (c) Documentation of the drill and self-certification documentation shall be provided to ecology within thirty days of the drill; and
   4. (d) Rail plan holders seeking credit for a scheduled out-of-state drill shall use the drill calendar to schedule the drill at least ninety days in advance, to provide ecology an opportunity to participate.

[Statutory Authority: RCW 90.56.210. WSR 20-01-097 (Order 18-04), § 173-186-530, filed 12/12/19, effective 1/18/20; WSR 16-18-052 (Order 15-14), § 173-186-530, filed 8/31/16, effective 10/1/16.]