Department of Ecology News Release - September 19, 2007

07-265

Department of Ecology repealing old spill rules, amending two existing rules

OLYMPIA - The Department of Ecology (Ecology) is in the process of repealing six spill prevention and preparedness rules that were replaced in October 2006 when the agency adopted its new oil transfer and oil spill contingency plan rules.

Ecology is using the state's expedited rule process to repeal the old rules. The department did not repeal the rules last year, waiting until both new rules took full effect in September 2007.

The agency also is amending several existing oil spill rules to be consistent with statutory changes adopted by the 2007 Legislature.

The first amendment will change the definition of oil to include all types of oils including biologically-derived plant oils and fuels such as biodiesel, making the state's definition consistent with the federal definition of oil. The old definition was restricted to only "hydrocarbons coming from the earth." This change will affect five current rules that reference the definition of oil.

The second amendment will increase the per gallon ceiling amount of spilled oil from $50 to $100 that the state can assess to compensate Washington residents for injuries to state natural resources caused by an oil spill.

"We are using the state's expedited rule-making process to take quick action to repeal old rule language and get the new language about the definition of oil and the increase in assessment amounts incorporated into our rules," said Ecology's Dale Jensen who oversees statewide spill prevention, preparedness and response activities. "Once we're done, all our rules will be consistent and in uniformity with state laws already in effect."

Under the expedited rule-making process, Ecology will take written objections regarding only the rule-making process and not the content of the rules.

Written objections regarding the rule-making process must be submitted by Nov. 5, 2007, to Jerry Thielen, Ecology Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, Wash., 98504-7600, or faxed to 360-407-6989.

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Media Contacts:
Curt Hart, media relations, 360-407-6990; cell, 360-480-7908
Jerry Thielen, Ecology rules coordinator, 360-407-7551

For more information: http://www.ecy.wa.gov/programs/spills/spills.html