UA

Uncrewed Aerial Systems

WAC 173-182 & WAC 173-186

Drones have become a standard tool in oil spill response but aren't well reflected in current rules. The BAP workgroup recommended writing rules around mission objectives — like mapping a spill's extent or assessing shoreline damage — rather than specific equipment, so the rules don't become outdated as technology evolves.

Rulemaking Progress

CR-101
2
Rule Development
3
CR-102
4
Public Comment
5
CR-103
6
Effective

BAP UAS workgroup recommendations discussed at March 2026 workshop. WSMC filed comments on April 14, 2026 taking the position that no rule change is required — UAS are already deployed without regulatory objection. If WAC 173-182-321 is updated, language should be outcomes-based and retain the trained-aerial-observer role at the ground control station. Any state UAS pilot certification is preempted by FAA 14 CFR Part 107.

Key Issues

  • UAS as optional response tool in low visibility
  • Alignment between facility and vessel planning standards
  • Outcome-based vs. equipment-specific rule language
  • FAA Part 107 regulatory framework
  • Real-time thermal/optical imagery capabilities

Related Events

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Jan
21
2026

CR-101 Filed - Rulemaking Announced

Milestone

Department of Ecology filed Preproposal Statement of Inquiry (WSR 26-03-094) announcing rulemaking to amend WAC 173-182 and WAC 173-186.

NFO SCAT SRKW UAS Middle Columbia Administrative
Feb
18
2026

Rulemaking Kickoff Meeting

Public_meeting

10:00 - 11:00 PT • Virtual (Zoom)

Initial public meeting to introduce the rulemaking scope, process, and timeline. Covered all six topic areas.

NFO SCAT SRKW UAS Middle Columbia Administrative
Mar
05
2026

BAP Workshop: Drills

Workshop

14:00 - 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.

NFO SCAT SRKW UAS
Mar
18
2026

BAP Workshop: SCAT & UAS

Workshop

11:00 - 12:00 PT • Virtual (Zoom)

BAP-topic workshop on Shoreline Cleanup Assessment Technique (SCAT) and Uncrewed Aerial Systems (UAS). Discussed incorporating SCAT into WAC shoreline cleanup language, the relationship between WAC and area plan requirements, and whether aerial surveillance language should be updated for UAS. Ecology indicated draft rule language is expected in April or May 2026.

SCAT UAS
Apr
14
2026

WSMC Submits Informal Comments to Ecology

Milestone

WSMC 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.

NFO SCAT SRKW UAS Administrative
May
18
2026

Preliminary Draft Rule Language Released for Informal Comment

Milestone

Ecology 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.

NFO SCAT UAS Administrative
Jun
17
2026

First Comments Due — Informal Comment Period

Milestone

To 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.

NFO SCAT UAS Administrative
Oct
30
2026

Informal Comment Period Closes

Milestone

The 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.

NFO SCAT UAS Administrative

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

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Have Input?

Send comments to Ecology's rulemaking team during the rule development phase.

spillsrulemaking@ecy.wa.gov