Last update 2/28/12

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.

***To follow the Rule Advisory Committee progress, click here. ***

 

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.  

 

Rule Advisory Committee

Ecology is convening a Rule Advisory Committee for the purpose of consultation on the update to the Contingency Plan rule.  Due to the short timeframe the legislature has given Ecology to update the Contingency Plan rule (December 2012), a draft of the rule updates will be prepared ahead of time for committee review.

Over the next five months the Rule Committee will be engaged in ongoing discussion about the major issues that need to be addressed during this rule making.  All Rule Committee meeting minutes and agendas will be posted. 

Rule Committee meetings will be open to the public. We welcome and encourage comments from people who are not on our Rule Committee.  

Rule Advisory Committee Meeting Dates and Subject Areas:

When	Time	Where	Topic	Other Information
January 26, 2012	8:30 - 4:30 PM	Olympia	Vessel of Opportunity	Webinar Available
February 23, 2012	8:30 - 4:30 PM	Olympia	Best Achievable Protection	Webinar Available
March 22, 2012		Olympia	Vessel of Opportunity & Drills	Webinar Available
April 25 & 26, 2012		Olympia	Best Available Protection & Primary Response Contractors	Webinar Available
May 24, 2012		Olympia	Contingency Plans & Natural Resource Damage Assessment	Webinar Available
May 29, 2012		Phone Conference	Wrap up for Advisory Committee (Tentative if needed)

 

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
CR-102 Filed: Proposed Rule and Public Hearings * preliminary cost benefit analysis (CBA, SBEIS)	7/2012 posted 8/2012 published
Public Hearings	8/2012 (TBD)
CR-103 Filed: Rule-Making Order	TBD
Effective date of rule (after filing CR 103)	+31 days