BAP Workshop: Drills

Oil Spill Contingency Plans Rulemaking (WAC 173-182 & WAC 173-186)

Date

March 5, 2026

Time

2:00 PM - 4:00 PM PT

Location

Virtual (Zoom)

Attendees

None

Ecology Rulemaking Team

Matt Waite — Drill Program, Department of Ecology
Angela Deardorff-Zeigenfuse — Process Support

Agenda

  1. Overview of NW Area Committee Task Force on SRKW Deterrence (2023)
  2. BAP Workgroup Summary: SRKW Deterrence (2025)
  3. BAP Workgroup Summary: Non-Floating Oil (2025)
  4. Current drill rule language review
  5. Open discussion: Improving drill requirements
  6. Next steps and informal comment period

Meeting Purpose

This workshop focused on drill requirements as they relate to two BAP topic areas: Southern Resident Killer Whale (SRKW) deterrence and non-floating oil (NFO) response. The goal was to review the current state of drill requirements, summarize relevant workgroup recommendations, and open a discussion on how rule language can be improved to ensure these response tactics are adequately drilled.

2023 NW Area Committee Task Force: SRKW Deterrence

In 2023, the Northwest Area Committee convened a task force to examine Southern Resident Killer Whale deterrence preparedness. The task force consisted of 25 individuals from 13 distinct agencies, organizations, and research groups. Their final report (71 pages) is published on the RRT10 website.

  • Identified the need for on-water response teams that are trained and participate in regular drills
  • Called for funding to sustain regular training and drills for deterrence response teams
  • Recommended coordinated transboundary training and drills between US and Canadian whale deterrence teams

The workshop focused specifically on the drill-related findings from this report rather than the full scope of the task force's work.

2025 BAP Workgroup: SRKW Deterrence Recommendations

Two years after the task force, a BAP workgroup of 18 people from 15 distinct agencies, organizations, research groups, and industry reconvened to develop recommendations specifically tied to this rulemaking. The final report is available on Ecology's website.

  • Consider planning standards for SRKW protection that provide a framework and funding mechanism for improved access to trained personnel, technical experts, and equipment
  • Specify drill requirements to test planning standards related to SRKW protection and ensure continuous improvement
  • Continue to use NWACP Section 9310 (wildlife response) as a basis for drills and training
  • Identify and seek funding sources for whale reconnaissance and monitoring available during an oil spill
  • Continue to research potential solutions to liability and responder immunity issues
  • Work with WA-approved Primary Response Contractors (PRCs) through the application process to provide more specificity for resources and personnel available for whale deterrence
  • Evaluate improvements to area contingency plans to ensure best achievable protection

2025 BAP Workgroup: SRKW Deterrence — Key Considerations

The workgroup also identified important operational and legal constraints that affect how SRKW deterrence can be drilled and implemented:

  • Plan holders are not authorized to conduct SRKW deterrence without a signed Incident Action Plan from the US Coast Guard
  • Current rule language requires industry to describe equipment, personnel, and resources for deterrence including contact information for resources to be deployed
  • Contractors are not currently approved or permitted to carry out deterrence work independently

2025 BAP Workgroup: Non-Floating Oil (NFO) Recommendations

A separate BAP workgroup of 16 people from 11 distinct agencies, organizations, research groups, and industry examined non-floating oil preparedness and response. Their final report is also available on Ecology's website.

  • Focus on rapid on-water recovery to reduce the risk of oil becoming non-floating
  • Understand the chemical and physical properties of the non-floating oils transiting Washington
  • Enhance regional and area plans with regards to non-floating oil response
  • Test the ability to deploy floating and non-floating oil response assets simultaneously

Current Rule Language: What Exists Today

Ecology walked through the current drill requirements in WAC 173-182 as they relate to SRKW deterrence and NFO response.

Wildlife Response / SRKW Deterrence

The current rule requires plan holders to describe equipment and personnel to conduct monitoring and deterrence operations to prevent whales from encountering spilled oil. The plan must include contact information for vessels (historically whale watching vessels) that have been vetted, trained, and equipped to support killer whale deterrence. Contact information accuracy is verified in tabletop drills, and deployment capability is tested in multi-plan-holder deployment drills.

  • The reference to whale watching vessels is a relic of the previous rulemaking — much has been learned and evolved since then
  • Deployment capability testing currently occurs in large-scale equipment deployment drills done once every three years

Multi-Plan-Holder Deployment Drills (WAC 173-182-710)

The rule language for multi-plan-holder deployment drills uses permissive rather than mandatory language for both NFO and SRKW elements. Section C states deployments 'may include the following objectives as applicable.' Under that umbrella, NFO response (section F) and SRKW deterrence (section G) are listed as optional drill elements.

  • The 'may' language means NFO and SRKW drill elements are not required, only suggested
  • Ecology noted that neither NFO response nor SRKW deterrence are typically drilled, even in these large-scale exercises
  • Both tactics exist as optional elements in a drill that plan holders are required to do only once every three years

Discussion Question

Ecology posed the central question for the group: What improvements can be made to how we drill non-floating oil response and Southern Resident Killer Whale deterrence? Are there changes to our rule language that would help enact those improvements?

Next Steps

Ecology announced that based on input from this workshop discussion, they will develop updated draft rule language for an informal public comment period. This is distinct from the formal public comment period that occurs later in the rulemaking process — it is part of the rule development phase and intended to continue the conversation and refine the language before advancing to the next stage.

  • Draft rule language for drill requirements will be developed based on this workshop's discussion
  • An informal comment period is expected within 2-4 weeks of this workshop (late March to early April 2026)
  • Information about the informal comment period will be sent via the GovDelivery listserv and published on the rulemaking web page
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