WSMC Member Resource
Oil Spill Contingency Plan Rulemaking
WAC 173-182 & WAC 173-186
The Washington Department of Ecology is amending two chapters of the Washington Administrative Code that set planning standards for oil spill prevention, preparedness, and response. Four of the six topic areas draw on recommendations from the 2025 Best Achievable Protection (BAP) workgroups. This tracker helps WSMC members follow the process, understand what's being proposed, and know when to weigh in.
Where Things Stand
CR-101
Preproposal Statement of Inquiry
January 2026
Rule Development
Stakeholder Engagement & Drafting
2026 - 2027
CurrentCR-102
Proposed Rulemaking
Early Spring 2027 (tentative)
Public Comment
Public Comment Period & Hearings
Spring 2027 (tentative)
CR-103
Rule Adoption
Fall 2027 (tentative)
Effective
Rule Takes Effect
Late 2027 (tentative)
CR-101 filed 2026-01-21 (WSR 26-03-094). Proposed rule expected early spring 2027, adoption tentatively fall 2027.
What's Being Discussed
Six topic areas are part of this rulemaking. Four draw on recommendations from Ecology's 2025 Best Achievable Protection (BAP) workgroups.
Non-Floating Oils
Some crude oils — especially diluted bitumen carried by the Trans Mountain pipeline — can sink over time, making them much harder to detect and recover. The BAP workgroup recommended modeling how quickly these products submerge in Washington waters, ensuring responders have the right specialized equipment, and making sure response plans don't "double-count" resources for both floating and sinking oil scenarios.
BAP Workgroup Highlights
- Prioritize rapid on-water recovery before oils sink, especially diluted bitumen
- Model non-floating oil behavior in WA waters to evaluate equipment and timeline requirements
- Ensure response resources aren't double-counted for floating and non-floating scenarios
Shoreline Cleanup Assessment Technique
When oil reaches shore, systematic survey teams assess the damage and direct cleanup efforts. The BAP workgroup found that current rules barely mention this process and recommended building it into a broader Shoreline Response Program with defined roles, earlier mobilization timelines, and pre-mapped shoreline segments so responders aren't starting from scratch during an incident.
BAP Workgroup Highlights
- Fold SCAT into a broader Shoreline Response Program (SRP) with clear roles and structure
- Mobilize shoreline assessment teams earlier — within hours, not days
- Define specific positions: SRP Manager, SCAT Coordinator, Data Manager, Field Team Lead
Southern Resident Killer Whales
If an oil spill occurs near the endangered Southern Resident orcas, trained teams would attempt to deter the whales from entering oiled waters. The BAP workgroup identified significant challenges: federal permits are required before deterrence can begin, there's no established pool of trained personnel, and funding for whale monitoring networks is uncertain. Recommendations focus on building this capacity through planning standards and drills.
BAP Workgroup Highlights
- Federal authorization (USCG Incident Action Plan) required before any deterrence can begin
- Need to build and maintain a trained deterrence personnel pool
- Whale monitoring networks (hydrophones, researchers, live cams) are vital but funding is uncertain
Uncrewed Aerial Systems
Drones have become a standard tool in oil spill response but aren't well reflected in current rules. The BAP workgroup recommended writing rules around mission objectives — like mapping a spill's extent or assessing shoreline damage — rather than specific equipment, so the rules don't become outdated as technology evolves.
BAP Workgroup Highlights
- Write outcome-based rules focused on mission objectives, not specific technology
- Include UAS as an option wherever helicopters or fixed-wing aircraft are referenced
- Better align aerial surveillance requirements between WAC 173-182 and 173-186
Middle Columbia River Planning Standards
New equipment planning standards for vessels operating in the Middle Columbia River corridor, addressing changes in spill risks in that area. This topic is focused on clarifying existing requirements to eliminate ambiguity and improve consistent application of the rule. Not part of the BAP workgroup process.
Administrative Updates
Grammar fixes, outdated references, and readability improvements across both WAC chapters. Housekeeping to align rule language with current agency practices and recent updates to related rules.
What People Are Saying
Ecology received 55 public comments during the BAP process. Most commenters emphasized the importance of Washington's natural resources and urged Ecology to strengthen industry oversight and protect the state's waters.
Strengthen industry oversight
Nearly every comment urged Ecology to raise planning standards and tighten compliance requirements.
Diluted bitumen and Trans Mountain
The Trans Mountain pipeline expansion and the unique risks of diluted bitumen were prominent concerns.
Protect Southern Resident orcas
Multiple commenters emphasized the need for dedicated SRKW deterrence planning during spill response.
Stronger planning standards
Friends of the San Juans and an NGO coalition called for more rigorous preparedness requirements.
Prevention and tug escorts
Several comments addressed prevention measures including tug escort requirements for oil-laden vessels.
Notable Submissions
- Friends of the San Juans and NGO coalition sign-on letter
- San Juan County formal letter
Stay Connected
Upcoming Events
BAP Workshop: Drills
BAP-topic workshop focused on drill requirements. Workshop details sent via GovDelivery at least 2 weeks in advance.
BAP Workshop: SCAT & UAS
BAP-topic workshop covering Shoreline Cleanup Assessment Technique (SCAT) and Uncrewed Aerial Systems (UAS) recommendations. Workshop details sent...
BAP Workshop: Technical Manuals
BAP-topic workshop on technical manual components including non-floating oil response and SRKW deterrence planning. Workshop details sent via...
How to Participate
Email Comments
Send written comments to Ecology's rulemaking team at any time during the rule development process.
spillsrulemaking@ecy.wa.govAttend Public Meetings
Join scheduled stakeholder meetings and public hearings. Check the calendar for upcoming dates and Zoom links.
ViewGovDelivery Updates
Subscribe to Ecology's GovDelivery notifications to receive email updates about this rulemaking.
SubscribeReview Documents
Browse the reference document library to understand the technical background and policy context for each topic area.
ViewThis tracker is maintained by the Washington State Maritime Cooperative as a resource for its members. It is not the official rulemaking page. For official information, visit Ecology's rulemaking page or contact spillsrulemaking@ecy.wa.gov.