Document Library

Ecology's first preliminary draft rule language for Chapter 173-182 WAC, released May 18, 2026 for informal public comment. Covers administrative modernization, definitions, plan submittal and phase-in, NFO behavior and technical manual provisions (173-182-230, -349), one consolidated aerial surveillance standard incorporating UAS as an optional response tool (173-182-320/-321), and SCAT integration into shoreline cleanup planning (173-182-522). The drill provisions (173-182-700/-710) and a Middle Columbia River planning standard are NOT included in this first preliminary draft. First comments due June 17, 2026; informal comment period open until October 30, 2026.

Ecology's first preliminary draft rule language for Chapter 173-186 WAC (Railroad), released May 18, 2026 for informal public comment. Covers administrative modernization, definitions, plan submittal and phase-in, in-situ burning planning standards (173-186-340), enforcement/noncompliance, and alignment with WAC 173-182. The NFO drill provision (173-186-510) is NOT included in this first preliminary draft. First comments due June 17, 2026; informal comment period open until October 30, 2026.

Section-by-section table summarizing every proposed change in the May 2026 preliminary draft of WAC 173-182 and WAC 173-186 — WAC section, topic, summary of change, draft status, and date added or revised. Identifies which sections are in the first preliminary draft versus still under rule-team review (the drill sections 173-182-700/-710 and 173-186-510, marked TBD and not yet drafted).

Primary rule being amended - oil spill contingency planning for vessels, facilities, and pipelines

Railroad oil spill contingency plan rule - being amended

Authorizing statute for vessel oil spill prevention and response

Authorizing statute for oil and hazardous substance spill prevention

Environmental justice assessment requirement for this rulemaking

Federal response plan requirements for vessels

Regional contingency plan for Washington and Oregon

Investigation of the largest inland oil spill involving non-floating oil - 843,000 gallons of diluted bitumen

Comprehensive study of diluted bitumen behavior, fate, effects, and response

Detailed technical manual for the MSRC recovery and storage system in the Neah Bay planning standard area — includes operational diagrams, equipment specs, personnel requirements, and deployment logistics

Detailed technical manual for the MSRC recovery and storage system in the Cathlamet planning standard area — includes operational diagrams, equipment specs, personnel requirements, and deployment logistics

Detailed technical manual for the MSRC recovery and storage system in the San Juan Islands planning standard area — includes operational diagrams, equipment specs, personnel requirements, and deployment logistics

Detailed technical manual for the NRC recovery and storage system in the Neah Bay planning standard area

Detailed technical manual for the NRC recovery and storage system in the San Juan Islands planning standard area

Technical manual for the BNSF railway oil spill recovery and storage system

Pipeline expansion data - capacity increased from ~300,000 to ~890,000 barrels per day

Key SCAT case study - 54,000 gallons IFO 380 spill with rapid shoreline response

NOAA's SCAT guidance and technical resources for shoreline assessment

International good practice guide for shoreline cleanup techniques

Most recent federal status review for ESA-listed Southern Resident Killer Whale population

Established the Southern Resident Orca Task Force and directed state agency actions

Vessel noise reduction program for Southern Resident Killer Whale protection

WDFW orca recovery page including vessel approach distance regulations

Federal regulations governing commercial drone operations

Standard practice for aerial observation during oil spill response (abstract - full standard is paywalled)

Formal announcement of rulemaking - filed January 21, 2026

Summary of the rulemaking kickoff meeting covering scope, three amendment goals, BAP objectives, timeline, and upcoming workshops.

Slide presentation from the BAP Drills workshop covering SRKW deterrence and NFO drill requirements, current rule language analysis, and discussion questions.

Summary of the BAP Drills workshop including 2023 NW Area Committee task force findings, 2025 BAP workgroup recommendations, current rule language gaps, and next steps for informal comment period.

Slide presentation from the BAP SCAT & UAS workshop covering SCAT integration into WAC shoreline cleanup language and UAS aerial surveillance requirements.

Summary of the BAP SCAT & UAS workshop including SCAT mobilization timelines, WAC vs. area plan requirements, UAS as optional response tool, and facility/vessel standard alignment.

Summary of the BAP NFO Technical Manuals workshop covering existing technical manual model, proposed extension to NFO response for vessels/rail/facilities, WAC 173-182-324 requirements, and stakeholder discussion.

Summary of BAP workgroup recommendations that inform this rulemaking

Existing equipment planning standard for vessels operating in the Tri-Cities area (Columbia River mile 316-322) — likely model for a new Mid-Columbia standard

Equipment planning standard for vessels operating in the Vancouver area (Columbia River mile 99-107) — the other Columbia River standard for comparison

Primary response contractor for Columbia and Willamette Rivers — maintains equipment at 14 locations with 2-hour response guarantee

Geographic Response Plan for the Middle Columbia River corridor — jointly maintained by Ecology and EPA Region 10

List of companies with Ecology-approved oil spill contingency plans, including those operating on the Columbia River

WSMC's substantive comments on the proposed SRKW deterrence provisions. Position: Ecology lacks authority to impose deterrence obligations on plan holders that can only be performed under federal MMPA/ESA permit authority. SRKW deterrence is a federal activity led by NMFS under USCG Permit 24359. WSMC supports logistical-support role, contractual access to Wildlife Response Service Providers, and strengthening the WRSP application under WAC 173-182-840; opposes standing deterrence fleets, plan-holder-funded whale monitoring, and drill requirements that presume plan holders conduct deterrence.

WSMC's substantive comments on the proposed UAS provisions. Position: no rule change is required — UAS are already deployed in Washington responses without regulatory objection. If Ecology updates WAC 173-182-321, language should be outcomes-based and preserve the trained-aerial-observer requirement (at the ground control station for UAS operations). Any state-imposed UAS pilot training or certification is preempted by FAA 14 CFR Part 107. Disputes the BAP UAS Workgroup Summary's characterization of consensus.

WSMC's comments on the April 13, 2026 draft amendments to WAC 173-182-710. Four substantive concerns: (I) Section (9) wildlife deterrence drill lacks definition and conflicts with federal law if directed at SRKW; (II) Section (6)(c)(G) large-scale SRKW deterrence drill must require NMFS/USFWS/WDFW leadership as prerequisite, with plan holders limited to logistical support; (III) Section (3) SMT drill design should be withdrawn and replaced with an Ecology-led SMT competency program modeled on California OSPR; (IV) Section (10) NFO deployment drill trigger needs a defensible technical standard (e.g., NOAA ADIOS Group IV/V).

WSMC's substantive comments on the technical manual rulemaking. Threshold position: the existing WAC 173-182-349 already requires the content Ecology described as 'anticipated enhancements' at the March 26, 2026 workshop — the gap is enforcement, not rule text. Documents inconsistency across the seven currently approved PRC technical manuals (including one manual dated November 2015 and two lacking operational diagrams) and a Neah Bay compliance case where the plan, technical manual, and WRRL report three different six-hour on-water storage figures, all below the 12,500-bbl standard. Urges Ecology to review existing manuals and alternate planning standards (WAC 173-182-620) before proposing new rule text, and to document the BAP analysis methodology.

Companion comment filed alongside WSMC's four substantive rulemaking comments. Formally objects to the Department's characterization of BAP Workgroup outputs (SRKW, UAS, SCAT, NFO, Technical Manuals) as consensus, unanimous agreement, or collective findings. The workgroups operated as discussion forums without adopted procedures, voting rights, or participant-signed outputs. Requests that the rulemaking record cite workgroup outputs as Department-authored summaries of stakeholder discussions and that rulemaking proposals articulate regulatory justification independently of workgroup consensus characterizations. Incorporated by reference into each substantive WSMC comment.