Frequently Asked Questions

The Fuel Tank Seismic Stability team has regular coordination with the Department of Geology and Mineral Industries, the Department of Energy, and the City of Portland. The team consults with the Oregon State Fire Marshal on as needed basis.  ​

 Where does the money that the program collects go?​

​As provided in OAR 340-300-0006, regulated facilities are required to pay the following fees:

• One-time Seismic Vulnerability Assessment submittal fee of $39,000 to cover costs of reviewing and approving the assessment, including any required revisions.

• One-time Risk Mitigation Implementation Plan submittal fee of $36,000 support the review and approval process of the submitted risk mitigation plan,

• Annual Compliance fee to defray the program administration and technical contracting expenses. This fee is waived once the risk mitigation measures are implemented and approved by DEQ.

• Risk Mitigation Implementation Plan modification fee of $5,000 for changes to previously submitted or approved mitigation plans, or if DEQ modifies a Seismic Vulnerability Assessment or Risk Mitigation Implementation Plan to cover additional review costs.
  

Failure to submit or implement a DEQ-approved Risk Mitigation Implementation Plan is considered a Class I violation under OAR 340-012-0064 and may result in penalties of up to $12,000 per day, as provided in OAR 340-012-0140. For example, DEQ issued a warning letter if a facility missed a deadline for submitting a requested information.​

Facilities may request a deadline extension by submitting a written request up to 14 calendar days before the due date. DEQ may grant extensions if the facility demonstrates progress and provides a good cause, such as the need for additional data, analyses, or changes in operations that substantively affect the submittal.

It is possible and acceptable for facilities to apply for federal grants or funding. Facilities are permitted to apply for federal grants or funding to support compliance activities under the Seismic Stability program.​

DEQ is developing a procedure for performing inspections. During the SVA development period, any inspections would be to gain familiarity with a facility’s site. RMIP Inspections will be based on milestones and markers provided in submittals and approved by DEQ. ​

DEQ requires a public comment period of at least 30 days before approving a Risk Mitigation Implementation Plan. This period may be extended by 15 days upon public request. To stay informed about future comment periods for the Seismic Stability program, sign up for updates through the GovDelivery email list. ​​

OAR 340-300 requires facilities to minimize risk of a spill occurring. One way to minimize this risk is to build new tanks to standards based on ASCE 7’s Category IV designation. Alternatively, facilities can show that their proposed risk minimization measures will prevent a spill of more than 42 gallons of oil per tank system.​
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OAR 340-300-0003 outlines the requirements for the Seismic Vulnerability Assessments. The assessments must summarize the spill prevention measures that are currently implemented and assess any geotechnical, structural and safety deficiencies.  ​​

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Are they required to be submitted to DEQ for compliance? 

DEQ developed the SVA submission checklists to help facilities understand what DEQ expects in their SVAs. The checklists are not required by DEQ and are not enforceable. The checklists are designed to help facilities develop their assessments. The required geotechnical, structural, and safety assessment information may be submitted to DEQ in any format. ​

DEQ and the contracted geotechnical and structural engineers at Moffatt & Nicho are reviewing the facility submittals. In an iterative process, DEQ provides comments to facilities, requests missing information, and sets a due date for additional submittals until a final approvable SVA is submitted.  ​

Risk Category IV and “essential facility” are not interchangeable. The FTSS rule provides that Risk Category IV designs meet the rule requirements. The second performance objective, the Maximum Allowable Uncontained Spill, allows the facility to comply regardless of the risk category for which the tank is designed. The “essential” facility designation in ASCE 7 requires the facility to remain operational post-event. The FTSS rules do not require facilities to continue their day-to-day operations, only to be able to prevent impacts on the environment and public health. ​​

Do the rules limit the program to what is defined (structural stability, infrastructure, on-site pipelines, safety systems, etc.)? 

It's also important for the public and officials to understand what the program does not address:

In Scope - Inside the fence line

• Structural stability of tanks, infrastructure, on-site pipelines

• Whistleblower protection for facility workers 

Out of Scope -  outside the fence line

• The FTSS rules do not specify warning systems; however, facilities may choose to include these as part of their mitigation efforts.

• Spill response. 

• Pipelines to and from the facilities. PHMSA (Pipelines and Hazardous Materials Safety Administration) has federal jurisdiction.

• Regional impacts, such as the dams in Eugene and the levees in Port Westward

• Requiring relocation, retrofitting and replacement. These are at the facility's discretion, but they must meet the requirements.

• Emissions and toxic plumes that will impact areas outside of facility boundaries

• Railroads are under federal jurisdiction.

• Insurance or risk bonding.

• Waste management on the Willamette.

• Electrical towers.
  

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​Is that information tabulated online somewhere, or is there a summary report you can send our way?

In July 2025, we published the Seismic Stability Program Status Report. There have been some developments since then including updated timelines and additional information submitted by some facilities. However, the report still largely stands: two approved SVAs and one approved RMIP outside of the CEI Hub.​​

The mitigation plans are required to be submitted within 6 months after the SVA is approved. DEQ’s review timeline is dependent on the plan’s complexity. Once reviewed, the plan is placed on public notice. After this, DEQ reviews the comments and either approves the plan or requests changes before final approval. ​​

What is the likelihood that each facility requires ground improvements and full site containment?

The facilities are required to address all deficiencies uncovered during the Seismic Vulnerability Assessment in the Risk Mitigation Implementation Plan. Each facility is responsible for proposing risk minimization measures by DEQ. DEQ rules don’t prescribe any mitigation measures. The primary requirement is that the RMIP demonstrates that, once mitigated, the facility will comply with the performance objective of the Maximum Allowable Uncontained Spill of 42 gallons per tank to ground.  New construction that meets the requirements of ASCE 7’s risk Category IV qualifies as compliant.​​

Is there a fine schedule outlined? What is the amount and frequency of each fine? Does DEQ have any proposed penalty for non-compliance outside of fines?

Any violation of FTSS rules, such as failure to submit SVA, RMIP, or to implement the risk minimization measures, falls into the $12,000/day penalty matrix. OAR 340-012-0064 covers the enforcement details.​​