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Spills Program

Oil Spill Contingency Plan Rulemaking

Last update 12/16/13

The Department of Ecology (Ecology) is proposing to update the Oil Spill Contingency Plan rule, Chapter 173-182 WAC to address the emergency rule changes adopted on December 13, 2013. These proposed changes include:

  • Updating the definition of plan holder to include all persons listed in RCW 88.46.060.

  • Updating the definition of “umbrella plan” and ensure the term is used only when referring to non-profit corporations.

  • Ensuring that owner/operators, if operating under a plan that covers multiple parties, are not required to comply with provisions of the rule that apply specifically to “plan holders.”

Timeline

Milestones Target date

CR-101 Filed: Pre-proposal Statement of Inquiry

December 2013

Informal comment period and issue identification/Rule Advisory Committee Meetings. Webinar presentation

January 2014- April 2014

Proposed rule making - CR-102 Filed

  • Small Business Economic Impact Statement
  • Proposed rule text
  • Preliminary cost-benefit analysis
  • Rule proposal notice
  • State Environmental Policy Act Documents
    -Determination of Non-significance (DNS)
    -Environmental Checklist

April 2014 posted and published

Public Hearings and Comment Period:

May 2014

CR-103 Filed: Rule-Making Order

July 2014

Effective date of rule (after filing CR 103)

August 2014


Why is this important?

Inconsistencies between governing RCWs and Chapter 173-182 WAC create a confusing and potentially harmful situation in which Ecology is unable to adequately regulate oil spill contingency plans. RCW 88.46.060 and WAC 173-182-110 provide owner/operators, nonprofit corporations, PRCs, and agents, the opportunity to submit a contingency plan covering one or more vessels or facilities. The definition of “plan holder,” however, only includes owner/operators and nonprofit corporations. Many of the provisions throughout the rule apply specifically to “plan holders.

A contingency plan assures that, in the event of a spill, the vessel or facility will have adequate response equipment, local spill response teams, spill notifications, and response coordination with state and federal partners. A vessel operating without the important services and regulatory safeguards that a plan provides creates a threat to public health, safety and general welfare.

Agency Rule-making webpage 

Spills Contingency Plan Rule-making webpage

Preparedness Section webpage


FOR MORE INFORMATION 

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WEBINAR Information

Oil Spill Preparedness

CONTACT INFORMATION

Amanda Righi
Program Planner & Performance Coordinator
360-407-7040
amanda.righi@ecy.wa.gov

PUBLICATIONS

 

PUBLIC HEARINGS

"May 6, 2014: Lacey & WEBINAR

SUBMIT YOUR COMMENTS (select one)

Email: spillsrulemaking@ecy.wa.gov

FAX: 360-407-7288

Mail Comments to:

Washington Dept. of Ecology
Attn: Amanda Righi
PO Box 47600
Olympia, WA 98504-7600

NEWS RELEASE
April 10, 2014