Publication Summary

Oil spills pose a significant risk to the state′s environment and economy. The 2004 Washington State Legislature passed Substitute Senate Bill 6641 with broad support. That bill amended RCW 88.46.160 and adopted a zero spills strategy to prevent oil from entering the waters of the state. Specifically, the legislation directed Ecology to complete rules by June 30, 2006 that address oil transfer operations that occur over state waters. These rules will establish pre-booming and alternative measures to prevent and contain these spills.

The most important way to achieve the "zero spills" goal is to focus on spill prevention equipment, operating procedures, and personnel training that are in place prior to an oil transfer operation beginning. In Ecology′s experience, prevention is most effective when the people involved are highly qualified, aware, and communicate effectively. Placing containment boom in the water (pre-booming) ahead of the transfers is an early intervention measure that can greatly minimize the impacts of spills. However, pre-booming is not safe and effective in all circumstances.

This report presents Ecology′s review of federal and state laws and regulations, and on page 8 highlights three regulatory gaps that can be closed with action by either Ecology (rules) or the Legislature (clarification of legislative intent). The report also contains a description of current oil transfer practices and points out how business practices have evolved since the beginning of Washington′s spill management program in the 1970′s. This report makes a number of conclusions and recommendations that would allow the state to align its regulatory and technical assistance efforts with those changing business practices.

The report also proposes a comprehensive state inspection and compliance program. In defining that program, the report recommends additional staffing and funding for the Legislature to consider. The report concludes with specific recommendations for improving our strategy to reach the goal of "zero spills to water."

Ecology would like to thank the Washington State Legislature and Oil Transfer Rule Advisory Committee members for their leadership and foresight on this important matter.