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. WSMC filed comments on April 14, 2026 on the technical manual rulemaking (urging enforcement of existing WAC 173-182-349 before new rule text) and on the draft WAC 173-182-710 NFO deployment drill (urging a defensible Group IV/V trigger and drill design that tests the full NFO response chain, not just equipment staging).
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.
WSMC Submits Informal Comments to Ecology
MilestoneWSMC submitted five comment letters to the Department of Ecology on the informal draft rule language and rulemaking topics: SRKW deterrence, UAS, draft WAC 173-182-710 drills, technical manuals (WAC 173-182-349), and a companion comment on BAP Workgroup process and representations of consensus.
Preliminary Draft Rule Language Released for Informal Comment
MilestoneEcology released its first preliminary draft rule language for Chapter 173-182 WAC and Chapter 173-186 WAC, along with an overview table of changes, for informal public review and comment. This first draft covers administrative modernization, NFO behavior and technical manuals, a consolidated aerial surveillance standard incorporating UAS, and SCAT integration into shoreline cleanup. Drill provisions (173-182-700/-710, 173-186-510) and a Middle Columbia planning standard are not yet included. Documents are in the WSMC document library. This is an informal review period distinct from the formal public comment period in spring 2027.
First Comments Due — Informal Comment Period
MilestoneTo ensure comments are reviewed before Ecology prepares subsequent preliminary drafts, submit comments on the May 2026 preliminary draft rule language within 30 days — by June 17, 2026. The comment period stays open longer (until October 30, 2026), but comments received by this date inform the next draft. Submit through Ecology's online comment portal.
Informal Comment Period Closes
MilestoneThe informal comment period on the preliminary draft rule language closes at 11:59 p.m. on October 30, 2026. All comments submitted — through the online form, workshops, meetings, or other engagement — are reviewed by Ecology's rule development team and documented in the rulemaking record.
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 →- 173-182 Draft v1 PDF Department of Ecology
- 173-186 Draft v1 PDF Department of Ecology
- Overview Table of Changes (May 2026) PDF Department of Ecology
- 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
Have Input?
Send comments to Ecology's rulemaking team during the rule development phase.
spillsrulemaking@ecy.wa.gov