20.895.110 Fossil Fuel or Cleaner Fuel Storage and Handling.
A. Purpose. The purpose of these standards is to minimize the risk of spill or discharge of fuels into groundwater or the waters of the state; to promote public health and safety and avoid and minimize impacts to nearby properties from fire or explosion or adverse air emissions; to support a reduction in greenhouse gas emissions and a transition to renewable fuel and energy production consistent with federal, state and local targets; and to protect and preserve fish and wildlife habitat areas to ensure viable tribal fisheries consistent with treaty fishing rights.
B. Applicability. The standards in this section apply to:
1. Bulk fossil fuel storage and handling facilities;
2. Cleaner fuel storage and handling facilities;
3. Small fossil fuel or cleaner fuel storage and distribution facilities.
C. Standards – Non-Capacity Improvements. The city may approve activities or structures for one or more of the following purposes as a limited use, provided there is no increase in baseline capacity:
1. Maintenance, repair, or replacement.
2. Improvement of the safety or security of the infrastructure, including seismic upgrades.
3. Decrease in air or water emissions.
4. Allow the facility infrastructure or buildings to meet new regulatory requirements.
5. Addition of accessory structures or activities that do not add to the baseline capacity of the facility.
The applicant for noncapacity improvements shall specify the baseline capacity for the facility as of the date of the ordinance codified in this section per subsection (E)(2) of this section.
D. Standards for New or Expanded Small Fossil Fuel or Cleaner Fuel Storage and Distribution Facilities.
1. The applicant shall document the existing baseline, and any proposed additional storage capacity and the fuel type(s) to be stored. Documentation shall be consistent with subsection (E)(2) of this section.
2. The planning official shall require seismic upgrades to existing facilities as a condition of the land use permit.
3. The applicant shall obtain approval of comprehensive spill prevention and fire response plans to the satisfaction of the planning official and fire marshal.
4. New small fossil fuel or cleaner fuel storage and distribution facilities shall be located at least 1,000 feet away from residentially zoned properties.
E. Standards for Bulk Fossil Fuel Storage and Handling Facilities – New or Capacity Expansion.
1. New Facilities. New bulk fossil fuel storage and handling facilities are prohibited, regardless of size.
2. Baseline Established. The baseline for storage, transportation, and transshipment facilities is established by the following information available as of November 3, 2022. Storage baseline capacity shall be established using Washington Department of Ecology industrial section permits and oil spill prevention plans or other verifiable documentation. Transshipment and transportation facility baseline is established through the most recent spill prevention plans approved by the Department of Ecology or where a local permit documenting such facilities has been approved more recently. If an existing facility does not have an established refining or storage baseline from a past industrial section permit or spill prevention plan, the baseline must be established as part of a permit application.
3. Expansion of bulk fossil fuel storage and handling facilities is allowed up to 15 percent increase above the baseline capacity if converted to cleaner fuels, as defined by VMC 20.150.040A, and subject to the requirements of subsection F of this section.
F. Standards for Cleaner Fuels Storage and Handling Facilities – New or Expansion.
1. New or expanded cleaner fuel storage and handling facilities are allowed subject to a conditional use permit if no larger than 1,000,000 gallons of cumulative storage, on a site three acres or less in size, and if located at least 1,000 feet from residential zoned land. Size cannot exceed the smaller of 1,000,000 gallons or site acreage three acres. Such facilities shall meet spill prevention/fire response, seismic upgrade, GHG assessment, and annual reports in subsection (F)(3)(b) et seq. of this section.
2. Existing bulk fossil fuel storage and handling facilities may be converted to cleaner fuels, as defined by VMC 20.150.040A, as a limited use, subject to the requirements of subsection (F)(3) of this section.
3. Existing bulk fossil fuel storage and handling facilities converted to cleaner fuels may be expanded, subject to approval of a conditional use permit and compliance with the following criteria:
a. Total or partial conversion of an existing fossil fuel storage and handling to cleaner fuel infrastructure is allowed. If a facility is converted the facility may be increased by up to 15 percent above the baseline capacity. The expansion shall be in proportion to the amount of cleaner fuel storage. For example, if 25 percent of the facility is converted to cleaner fuels, the storage and handling infrastructure may expand by three and three-quarters percent. If 50 percent of the facility is converted to cleaner fuels, storage and handling infrastructure may expand by seven and one-half percent. If 100 percent of the facility is converted into cleaner fuels storage and handling, then 15 percent of the infrastructure may be increased.
b. If a fossil fuel storage and handling facility is partially or fully converted to cleaner fuel infrastructure, that share of the facility used for cleaner fuel storage, transportation, or transshipment of petroleum-based fossil fuels shall be maintained on the overall site; products may be moved to different storage tanks on the site; provided, that the cleaner fuel percentage of the total storage is maintained. The applicant shall provide a comprehensive spill prevention plan and fire response plan to the satisfaction of the planning official and fire marshal.
c. Seismic upgrades pursuant to current building code requirements shall be made to any existing fuel storage facilities.
d. GHG Assessment. Greenhouse gas emissions impacts shall be assessed for expanded facilities. The applicant is responsible to provide an expert evaluation by a qualified professional consistent with the requirements of this code. The evaluation shall document baseline life cycle greenhouse gas emissions from the facility, net increases in life cycle greenhouse gas emissions, and mitigation of greenhouse gas emission increases. Life cycle emissions shall be quantified as defined in 42 U.S.C. § 7545. The planning official shall require mitigation to address the project’s direct greenhouse gas emissions and may require mitigation to address the project’s indirect emissions. The assessment shall address mitigation for net increases in greenhouse gas emissions, which may include, but is not limited to, one or more of the following: on-site efficiency improvements, carbon capture and storage, purchase of carbon offsets from any carbon registry approved by the city or a state agency, implementation of strategies in Vancouver’s Climate Action Plan, or other measures approved by the planning official. The mitigation may concurrently satisfy any other requirements imposed by county, state or federal governments. Mitigation shall be made conditions of approval, and shall be specific, identifiable, quantifiable, permanent, enforceable, and verifiable.
e. Financial Assurance in Case of Accidents. To ensure applicants are able to mitigate the consequences of accidents, proof of financial assurance (such as trust funds, letters of credit, insurance, self-insurance, financial tests, corporate guarantees, payment bonds or performance bonds) shall be provided sufficient to comply with the financial responsibility requirements set forth in any state and federal law applicable to their proposed project. If the applicant relies on an insurance policy for compliance with a state or federal financial assurance requirement, the applicant must add the city of Vancouver as an additional insured as a condition of permit issuance.
f. Annual Report. The applicant shall provide an annual report to the planning official of the following:
i. A description of on-site storage capacity including the number of tanks, tank volumes, and products.
ii. The number of vessel transfers of fuel, both inbound and outbound from the site, the type and quantity of products transferred, and the product destination.
iii. The number of rail cars transporting fuels, both to and from the site, including a description of the product, volume, and destination.
iv. The number of trucks transporting fuels, both to and from the site, including a description of the product, volume, and destination.
v. Documentation that on-site activity is similar to the established baseline of storage and/or throughput.
vi. Conformity with applicable regional, state, and federal reporting or permit requirements pursuant to laws and rules implemented by Southwest Washington Clean Air Agency, Washington Department of Ecology, U.S. Environmental Protection Agency, and U.S. Energy Information Administration to ensure compliance with the requirements herein. (Ord. M-4380 § 11, 2022)