BAP Workshop: NFO Technical Manuals

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

Date

March 26, 2026

Time

2:00 PM - 4:00 PM PT

Location

Virtual (Zoom)

Attendees

None

Ecology Rulemaking Team

David Prater — Preparedness Section, Department of Ecology
Wendy — BAP Workgroup Coordinator, Department of Ecology
Sean Orr — PRC Reviewer, Department of Ecology

Agenda

  1. Regional and area plan updates for NFO response
  2. BAP NFO workgroup recommendations summary
  3. Current rule language: WAC 173-182-324
  4. Existing technical manual requirement overview
  5. Proposal: NFO-specific technical manuals
  6. Discussion and Q&A
  7. Next steps: draft rule language and public comment period

Meeting Purpose

This workshop focused on extending the technical manual requirement to non-floating oil (NFO) response. Ecology presented the case for requiring detailed technical manuals that describe how plan holders and primary response contractors will conduct NFO assessment, detection, and recovery operations. The goal was to gather stakeholder input before drafting proposed rule language.

Regional and Area Plan Updates Since Last Rulemaking

David Prater summarized improvements made to regional and area plans for NFO response since the last rulemaking cycle (early 2020s).

  • Chapter 3000 received significant updates, including Section 3320 (NFO policy and operational tactics)
  • Section 9412 added as a new non-floating oil spill response tool
  • RRT stood up an NFO task force that helped develop these new tools
  • WAC 173-182 and WAC 173-186 updated in previous rulemaking to meet new area plan requirements
  • PRC applications updated to meet the new standards
  • Drills conducted to assess new tools and practice NFO response
  • Applicable GRPs updated to include NFO response tools

BAP NFO Workgroup Recommendations

Wendy summarized recommendations from the BAP non-floating oil workgroup, which included input from 16 people across agencies, nonprofits, research groups, and industry. The full report is available on Ecology's website.

  • Prioritize on-water recovery for NFO responses, especially when product is initially floating but expected to sink — floating recovery tools are more effective
  • Increase communal understanding of chemical and physical properties of non-floating oils transiting Washington, including safety impacts
  • Enhance regional and area plan NFO tools to ensure they are current and useful
  • Update PRC applications regarding NFO to provide more clarity
  • Test ability to deploy floating and non-floating oil response assets simultaneously to verify sufficient personnel and equipment

Current Rule Language: WAC 173-182-324

Sean Orr reviewed the existing NFO rule requirements.

Plan Requirements

WAC 173-182-324 requires contingency plans to demonstrate how plan holders will respond to non-floating oils. The key requirement is that plan holders must have a contract with a primary response contractor (PRC) that has the capabilities to respond to these types of oils.

Critical Hour Timeframes

The rule establishes three response timeframes for NFO incidents:

  • Hour 1: Initial assessment of whether oils have the potential to sink and determination of response approach
  • Hours 6-12: Resources and personnel to detect and delineate the NFO must arrive, along with specified equipment types
  • Hours 12-24: Personnel and resources to assess impact must be on scene, with additional equipment arriving

Area Plan Integration

Plans may utilize the Northwest Area Contingency Plan Response Tool as part of the delineation process for meeting the detailed information requirements.

Existing Technical Manuals: Recovery and Storage Systems

Sean Orr explained how the existing technical manual requirement works for covered vessel recovery and storage systems. These serve as a model for the proposed NFO technical manuals.

  • Currently limited to covered vessels only, developed with industry input several years ago
  • Technical manuals exist for Neah Bay, Cathlamet, and San Juan planning standard areas
  • Provide highly detailed documentation of how equipment, personnel, and the entire response system come together
  • Include operational diagrams, equipment specifications, home base locations, deployment logistics, and minimum personnel requirements (based on 12-hour shifts)
  • Help identify gaps, limitations, and inform the BAP cycle and rule updates
  • Ecology developed a guidance document to help plan holders and contractors fill them out correctly
  • Used to design and test specific scenarios in drills

Proposal: NFO Technical Manuals

Ecology proposed extending the technical manual concept to NFO response for covered vessels, rail, and facilities that handle non-floating oils. The proposal would require three categories of detailed documentation:

  • Narrative description of how plan holder or PRC will conduct the initial assessment — who comes to the table, what expertise, how area plan tools are utilized early in the response
  • Narrative description and visual operating picture of how NFOs are detected — including equipment locations, personnel needed, and deployment timelines
  • Narrative description and visual operating picture of recovery operations — acknowledging complexity of underwater oil recovery, time requirements, limitations, and operating environment constraints
  • Analysis by operating environment: shallow water, deep marine water, river with swift currents, facility-adjacent waters, etc.
  • Aligns with BAP recommendations 2, 3, and 4

Ecology emphasized that no major new technology is expected. The value is in better information, more detailed planning, and identifying gaps and limitations through technical manuals and subsequent drills.

Discussion: Stakeholder Input

Several stakeholders raised questions and provided feedback.

Scope Clarification (Level Pratt, Friends of the San Juans)

Level Pratt asked whether the technical manual requirement establishes additional equipment or tactics beyond what is in the planning standards. Matt (Ecology) confirmed that technical manuals describe how contractors and plan holders meet existing planning standard requirements — they do not themselves impose new equipment or personnel requirements. However, Sean Orr noted that once technical manuals reveal gaps or limitations, those findings can inform future rulemaking for equipment, personnel, staffing, or training requirements.

Geographic vs. Response-Phase Scope (Craig)

Craig asked whether the NFO technical manuals would be organized by planning standard area (geographically) or by response phase. Sean Orr indicated everything is on the table — they want to look at areas based on where NFOs are handled (Columbia River, marine facilities, vessel routes) and by operating environment (shallow water, deep water, swift current). The goal is to find the most meaningful delineation that helps understand how responses would actually occur.

Next Steps

Ecology will draft proposed rule language for the NFO technical manual requirement based on stakeholder input. A public comment period will open within the next couple of weeks.

  • Rulemaking team will draft rule language based on today's feedback
  • Public comment period opening in the next couple of weeks — watch for GovDelivery email and rulemaking webpage announcements
  • Stakeholders encouraged to submit comments early rather than waiting for the deadline
  • Draft rule language will be published before the formal comment period (expected spring 2027)
  • Contact: rulemaking email on Ecology's website
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