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.

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

Federal response plan requirements for vessels

Regional contingency plan for Washington and Oregon

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 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 BAP workgroup recommendations that inform this rulemaking

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.

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.