Last update 9/24/12

Ecology is proposing to amend the Oil Spill Contingency Planning rule (Chapter 173-182 WAC) to implement Chapter 122, 2011 Laws (E2SHB 1186). This rule making will:

• Update state oil spill preparedness planning standards to incorporate best achievable protection and best available technology.

• Improve the state’s current vessels of opportunity system.

• Establish a volunteer coordination system.

• Require joint large-scale equipment deployment drills from tank vessels.

• Improve the state-required notification process to include potential spill threats as well as actual spills.

• Change contingency plan requirements for nonprofit “umbrella” organizations.

• Update definitions.

• Make other changes related to oil spill contingency plans and Ecology’s contingency plan review and approval process.

We anticipate adoption of the rule amendment no sooner than December 23, 2012.

Timeline

Milestones	Target date
CR-101 Filed: Pre-proposal Statement of Inquiry	July 2011
Ecology Issues Draft Contingency Plan Rule to Rule Advisory Committee	January 2012
Informal comment period and issue identification /  Rule Advisory Committee Meetings	January 2012- June 2012
Rule Proposal 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	8/15/2012 posted 9/5/2012 published
Presentation, Q&A followed by Public Hearings: Ecology is offering the September 25 via webinar. Webinars are an online meeting forum that you can attend from any computer using internet access. Ecology will accept formal comments in person at the Marysville location and through the webinar via phone at 800-704-9804/participant code (88955236#). To testify via WEBINAR September 25th click on the link and follow the instructions.	9/25 & 9/27, 2012
Comment Period Ends	10/4/2012
CR-103 Filed: Rule-Making Order	12/14/2012
Effective date of rule (after filing CR 103)	1/14/2013

Why is this important?

Following the direction of the legislature this rule will require response system improvements through a combination of best available technology and best available protection. The equipment, training and planning elements required through this rule will pair the right equipment with well-trained personnel.  These elements are essential in delivering a rapid, aggressive and well-coordinated response to large spills.

This rule update is a step towards building a response system that utilizes best achievable protection to strengthen our ability to operate safely and continuously at night and during the inclement weather conditions including rain, fog, waves and high currents, that is often experience in Washington.   To meet this we plan to require aerial surveillance technology that is both currently available and proven to be useful in spill response.

This rule will also establish a vessel of opportunity system.  By updating our current vessel of opportunity requirements we will strengthen our ability to respond to major oil spills. The extensive use of commercial fishing and other vessels during the Deepwater Horizon Spill response demonstrated the value of partnering with local marine professionals ahead of a large spill to ensure vessels of opportunity are well trained and can operate safely as an effective part of spill response.