Non-Floating Oils
WAC 173-182 & WAC 173-186
Some crude oils — especially diluted bitumen carried by the Trans Mountain pipeline — can sink over time, making them much harder to detect and recover. The BAP workgroup recommended modeling how quickly these products submerge in Washington waters, ensuring responders have the right specialized equipment, and making sure response plans don't "double-count" resources for both floating and sinking oil scenarios.
Rulemaking Progress
March 2026 workshop introduced proposal for NFO-specific technical manuals covering assessment, detection, and recovery for covered vessels, rail, and facilities. Ecology plans to draft rule language and open public comment period within weeks. BAP workgroup recommendations align with technical manual approach (recommendations 2, 3, and 4).
Key Issues
- Equipment and tactics for non-floating oil response
- Rapid evaluation of NFO behavior and environmental impacts
- Strengthened drill requirements for NFO responses
- Response to diluted bitumen and Group V oils
- Detection and recovery of submerged oil
- NFO technical manuals for covered vessels, rail, and facilities
Related Events
View all →CR-101 Filed - Rulemaking Announced
MilestoneDepartment of Ecology filed Preproposal Statement of Inquiry (WSR 26-03-094) announcing rulemaking to amend WAC 173-182 and WAC 173-186.
BAP Workshop: Drills
Workshop14:00 - 16:00 PT • Virtual (Zoom)
BAP-topic workshop focused on drill requirements for non-floating oil response and Southern Resident Killer Whale deterrence. Reviewed 2023 NW Area Committee Task Force report and 2025 BAP workgroup recommendations, analyzed current rule language gaps, and opened discussion on strengthening drill requirements.
BAP Workshop: NFO Technical Manuals
Workshop14:00 - 16:00 PT • Virtual (Zoom)
BAP-topic workshop focused on extending the technical manual requirement to non-floating oil (NFO) response. Reviewed regional preparedness updates, BAP NFO workgroup recommendations, current WAC 173-182-324 rule language, and the rationale for requiring NFO-specific technical manuals for covered vessels, rail, and facilities. Ecology plans to draft proposed rule language and open a public comment period within weeks.
Draft Rule Language Expected for Informal Review
MilestoneEcology indicated during March 2026 workshops that draft rule language will be available for informal stakeholder review in April or May 2026. A second draft is expected in summer 2026. This is an informal review period distinct from the formal public comment period later in the process. WSMC members should plan to review and provide feedback during this window.
Quick Facts
- Current Stage
- Rule Development
- CR-101 Filed
- 2026-01-21
- WAC Sections
- WAC 173-182, WAC 173-186
- BAP Workgroup
- Yes — recommendations submitted
Reference Documents
All →- WAC 173-182 Washington State Legislature
- WAC 173-186 Washington State Legislature
- NWACP RRT10 / Northwest Area Committee
- NTSB Kalamazoo Report PDF National Transportation Safety Board
- NAS Dilbit Study National Academies of Sciences, Engineering, and Medicine
- MSRC Neah Bay Tech Manual PDF Marine Spill Response Corporation (MSRC)
- MSRC Cathlamet Tech Manual PDF Marine Spill Response Corporation (MSRC)
- MSRC San Juan Tech Manual PDF Marine Spill Response Corporation (MSRC)
Have Input?
Send comments to Ecology's rulemaking team during the rule development phase.
spillsrulemaking@ecy.wa.gov