Seismic risk mitigation implementation program; plan; fees; rules. (1) The owner or operator of a bulk oils or liquid fuels terminal shall properly implement a seismic risk mitigation implementation plan that has been approved by the Department of Environmental Quality. A seismic risk mitigation implementation plan must, at a minimum, identify actions, with timelines, to protect public health, life safety and environmental safety within the facility, in areas adjacent to the facility and in other areas that may be affected as a result of damages to the facility. A seismic risk mitigation implementation plan, as a risk-based assessment, must include consideration of the likelihood of a magnitude 9.0 Cascadia Subduction Zone earthquake, the potential consequences of that event and the resources needed to respond to that event

(2) The Environmental Quality Commission, in consultation with the State Department of Geology and Mineral Industries, shall adopt by rule a seismic risk mitigation implementation program for bulk oils or liquid fuels terminals that is based on risk. To the extent feasible and appropriate, the program adopted under this section shall be consistent and coordinated with the program established under ORS 468B.345 to 468B.415. Rules adopted under this section shall include, but not be limited to:

(a) Rules for the required content of seismic risk mitigation implementation plans and rules for approval by the Department of Environmental Quality of seismic risk mitigation implementation plans.

(b) Provisions for training, response exercises, external peer reviews, inspections and tests in order to verify the ability of the facility to sustain safe conditions and respond to uncontrolled releases of hazardous materials from the bulk oils or liquid fuels terminal due to an earthquake.

(c) Requirements to minimize harmful impacts to local communities and natural resources due to uncontrolled releases of hazardous materials from the bulk oils or liquid fuels terminal due to an earthquake and its associated direct and indirect impacts, including fires and flooding.

(d) Requirements for the inspection of bulk storage tanks at bulk oils or liquid fuels terminals.

(e) Design and construction standards for new bulk storage tanks constructed at bulk oils or liquid fuels terminals.

(f) Design and construction standards for seismic mitigation of existing bulk storage tanks, piping and related structures constructed at bulk oils or liquid fuels terminals.

(g) Provisions requiring the proper installation of seismically certified generators to power critical operations, or at a minimum, the installation of electrical hookups for emergency generators.

(h) Provisions for the review of seismic vulnerability assessments required under ORS 468B.510 and seismic risk mitigation implementation plans required under subsection (1) of this section by state agencies with expertise in earthquake hazards, risk mitigation or emergency preparedness or management.

(i) Provisions requiring the owner or operator of a bulk oils or liquid fuels terminal to submit seismic vulnerability mitigation implementation plan updates to the department:

(A) According to a schedule established by the commission;

(B) Upon the retrofit or reconstruction of all or a part of a bulk oils or liquid fuels terminal; and

(C) Based on new scientific or technical findings, but no more frequently than once every three years.

(j) Provisions establishing a fee calculated to cover the costs to the department of reviewing seismic risk mitigation implementation plans submitted under this section and seismic risk assessments submitted under ORS 468B.510, less any federal funds received by the department for those purposes. Fees received by the department under this paragraph shall be deposited in the Seismic Risk Mitigation Fund established under ORS 468B.525.

(k) Provisions establishing grants or other financial assistance to owners or operators of bulk oils or liquid fuels terminals for improvements to existing infrastructure, provided that federal funds are made available to the department for that purpose. [2022 c.99 §3]