Rulemaking Kickoff Meeting
Oil Spill Contingency Plans Rulemaking (WAC 173-182 & WAC 173-186)
Date
February 18, 2026
Time
10:00 AM - 12:00 PM PT
Location
Virtual (Zoom)
Attendees
~104 participants
Ecology Rulemaking Team
Agenda
- Welcome
- What are we amending and why?
- Rulemaking timeline and process
- Engagement opportunities
- Questions and discussion
- Next steps and close
Meeting Purpose
The goal of this kickoff meeting was to establish a shared understanding of what rules are being amended, why the rulemaking is needed, and how stakeholders will work together with Ecology throughout the process.
What Is Being Amended
Ecology is amending two chapters of Washington Administrative Code:
- Chapter 173-182 WAC — Oil Spill Contingency Plan (vessels, pipelines, and facilities storing and transporting oil, and response contractors)
- Chapter 173-186 WAC — Oil Spill Contingency Plan - Railroad
These rules establish how industry will respond to oil spills, including notification procedures, response procedures, access to equipment and personnel, and area/regional policies.
Why These Rules Are Being Amended
Ecology identified three goals driving this rulemaking:
Goal 1 — Clarity, Consistency & Modernization
- Incorporate updates to align with modern agency practices and recent updates to related rules
- Clarify existing requirements to eliminate ambiguity and improve consistent application of the rule
- Make minor administrative updates to correct grammatical issues, outdated references, and improve readability of rule language
Goal 2 — Best Achievable Protection (BAP)
Every five years, Ecology is required to assess planning standards and best practices. In 2025, four priority areas were identified and industry, experts, and NGOs were invited to provide recommendations for improvement. This rulemaking considers those workgroup recommendations to improve preparedness and protection.
- Include equipment and tactics for non-floating oil (NFO) response in existing requirements for technical manuals and require safety data sheets
- Strengthen existing drill requirements for NFO and Southern Resident Killer Whale (SRKW) responses
- Incorporate Shoreline Cleanup Assessment Technique (SCAT) into current planning standards
- Update aerial surveillance requirements to include uncrewed aerial systems (UAS) where appropriate
Goal 3 — Middle Columbia River
Address emerging risks by considering new equipment planning standards for vessels operating in the Middle Columbia River. Between 2019 and 2025, approximately 284 million gallons of oil were transferred in Pasco, with volume increasing by 35 million gallons and transfer count rising to 507 in 2025.
Rulemaking Timeline
Ecology presented the anticipated rulemaking schedule:
- January 21, 2026 — Announce rulemaking (CR-101 filed)
- February - November 2026 — Rule development and community engagement
- Spring 2027 — Rule proposal (CR-102 filing)
- Fall 2027 — Rule adoption
These dates are tentative and anticipated. The rule development phase is iterative, cycling between stakeholder engagement, drafting rule language, and incorporating feedback.
Rule Development Process
Ecology explained the difference between the current informal phase and what comes later:
During Rule Development (Current Phase)
- Informal comment period to gather early input
- Opportunities to engage and help inform draft rule language
- Rule language is not final at the end of this process
After Rule Development
- Formal public comment period
- Draft materials published including proposed rule language, Preliminary Regulatory Analyses, and SEPA materials
The rule development process follows three topic focus areas: BAP updates, Middle Columbia River planning standard, and Clarity, Consistency, and Modernization. An Environmental Justice Assessment is ongoing until rule adoption.
Upcoming Workshops
Ecology announced four tentative workshops. Details will be shared at least two weeks in advance via GovDelivery:
- BAP: Drills — Thursday, March 5 — Zoom
- BAP: SCAT/UAS — Wednesday, March 18 — Zoom
- BAP: Technical Manuals — Thursday, March 26 — Zoom
- Clarity, Consistency, Modernization — Wednesday, May 20 — Zoom
How to Participate
Ecology outlined three ways stakeholders can participate in rule development:
- Attend workshops, meetings, and listening sessions
- Provide written comments using the online comment form
- Reach out to the rulemaking team via email at spillsrulemaking@ecy.wa.gov
Stay Informed
To receive updates about this rulemaking:
- Subscribe to the GovDelivery listserv for email notifications
- Check Ecology's rulemaking webpage for the latest information
- Email spillsrulemaking@ecy.wa.gov with questions