About This Rulemaking

Reference material on the rulemaking process, authorizing statutes, and WSMC's role

What is being changed?

The Washington Department of Ecology is amending two chapters of the Washington Administrative Code (WAC) governing oil spill contingency plans. WAC 173-182 covers vessels, facilities, and pipelines. WAC 173-186 covers railroads. These rules set planning standards for oil spill prevention, preparedness, and response in Washington waters and along transportation corridors.

Why is this happening now?

In 2025, Ecology convened Best Achievable Protection (BAP) workgroups to evaluate whether current rules reflect the best achievable protection for Washington's natural resources. These workgroups — covering Non-Floating Oils, Shoreline Cleanup Assessment Technique, Southern Resident Killer Whales, and Uncrewed Aerial Systems — developed recommendations that inform this rulemaking. The CR-101 (Preproposal Statement of Inquiry) was filed on January 21, 2026.

The Rulemaking Process

CR-101: Preproposal Statement of Inquiry

Complete

The agency files a public notice announcing its intent to begin rulemaking. This starts the stakeholder engagement process and invites early input on the scope and direction of the rule changes.

2

Rule Development: Stakeholder Engagement & Drafting

Current

Ecology develops draft rule language through stakeholder workshops, public meetings, and technical workgroups. This is the current phase for all six topic areas. Public input during this stage shapes the proposed rule text.

3

CR-102: Proposed Rulemaking

Ecology files the proposed rule text along with required analyses including a Small Business Economic Impact Statement, a Regulatory Fairness Act analysis, and a Least Burdensome Alternative analysis.

4

Public Comment: Public Comment Period & Hearings

A minimum 20-day public comment period begins. Public hearings are held to receive testimony. All comments become part of the official rulemaking record and must be addressed in the Concise Explanatory Statement.

5

CR-103: Rule Adoption Order

Ecology files the final adopted rule with a Concise Explanatory Statement responding to all public comments. The rule may be modified from the proposed version based on comments received.

6

Effective: Rule Takes Effect

The adopted rule becomes effective 31 days after filing the CR-103, unless a later date is specified. Regulated entities must comply with new requirements by the effective date or any phase-in period specified in the rule.

How to Participate

There are several ways to engage with this rulemaking, including emailing comments, attending public meetings, and subscribing to GovDelivery notifications.

See participation options on the home page spillsrulemaking@ecy.wa.gov

Authorizing Statutes

About WSMC

The Washington State Maritime Cooperative (WSMC) is an industry cooperative that provides oil spill contingency plan coverage for vessels operating in Washington waters. WSMC participates in the rulemaking process as a regulated stakeholder and maintains this tracker as a public information resource.

Visit WSMC Website