Frequently Asked Questions from Facilities

​DEQ will hire an engineer and contract with qualified professionals to conduct peer reviews of assessments and plans. 
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​Yes. The annual compliance fees apply until all the risk minimization measures proposed in the DEQ approved Risk Mitigation Implementation Plan are implemented and approved by DEQ. 
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Out of service equipment evaluation needs to be included in the Seismic Vulnerability Assessment. Decommissioning may be one of the facility-proposed risk mitigation measures in the Risk Mitigation Implementation Plan submitted to DEQ for approval. 
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​An amendment to the Risk Mitigation Implementation Plan must be submitted for DEQ’s approval before any changes are implemented. 
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SB 1567 tasks Oregon Department of Energy with developing an energy security plan. DEQ and DOE are collaborating.  
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The program ends when all measures in DEQ approved Risk Mitigation Implementation Plan are implemented and approved by DEQ.
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No, facilities are free to use the contractors of their choice as long as they meet the qualifications provided in OAR 340-300-0002(3) and (25). 
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Yes, the penalties are provided in OAR 340-300-00012-0064.  
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These rules establish very high safety standards and the locations are especially vulnerable to earthquake damage. Facilities will likely make business decisions to improve, relocate or close facilities based on site specific considerations.  
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The rules say implementation must be completed in 10 years. If work extends beyond that point, it will be handled as a violation of the rule. Enforcement of violations may include penalties and schedules for returning to compliance. 
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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.  
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DEQ has established enforcement procedures defined in OAR Chapter 340, Division 12. The newly adopted Seismic Stability rules include a new Division 012 chapter 064 rule providing the enforcement classification of violations and a paragraph (Y) amendment in subsection (a) of section (2) of the existing OAR 340-012-0140: 
(Y) Any violation of the Fuel Tank Seismic Stability Program rules under OAR chapter 340, division 300. ​

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DEQ has been communicating with the facilities during the rulemaking process, has established points of contact for each facility and will continue communication and consultations during implementation.  
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DEQ may request reviews of assessments and plans submitted by facilities by Oregon Department of Geology and Mineral Industries, Oregon Department of Energy, and the Office of the State Fire Marshal as needed. 
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Any structure on the facility property that is involved in the transportation or storage of fuels and may cause a spill when damaged must be evaluated.
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