Washington Administrative Code

The purpose of WAC 173-183-800 to 173-183-850 are to describe:(1) The responsibilities of the OSC and RDA committee chair in applying the compensation schedule; and(2) The procedures for determining public resource damages using the compensation schedule.[Statutory Authority: Cha…

(1) The OSC or designee shall make the following determinations:(a) Quantity and type of oil spilled;(b) Extent and location of the spill;(c) Whether containment of spilled oil was effective within the times specified in WAC 173-183-870 (1)(c) and (d);(d) Whether spilled oil cont…

(1) The RDA committee chair shall, in consultation with the OSC and RDA committee, determine the following:(a) For spills into marine or estuarine environments excluding the Columbia River estuary:(i) The acute toxicity, mechanical injury and persistence oil class rankings for th…

(1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into marine and estuarine waters, except the estuarine waters of Columbia River. The value of the variables used in the formula shall be determined by:(a) The OSC as…

(1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into the estuarine waters of Columbia River. The value of the variables used in the formula shall be determined by:(a) The OSC as enumerated in WAC 173-183-810(1);(b…

(1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into freshwater streams, rivers, and lakes. The value of the variables used in the formula shall be determined by:(a) The OSC as enumerated in WAC 173-183-810(1);(b)…

(1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into freshwater wetlands. The value of the variables used in the formula shall be determined by:(a) The OSC as enumerated in WAC 173-183-810(1);(b) The mutually agre…

For spills that enter more than one type of receiving environment, as classified in WAC 173-183-400, 173-183-500, 173-183-600, and 173-183-700, damages liability shall be determined as follows:(1) Damages shall be calculated using the procedures enumerated in WAC 173-183-800 thro…

(1) Damages liability calculated under WAC 173-183-830 through 173-183-860 may be reduced by the RDA committee based on post-spill actions by the PLP. Post-spill actions by the PLP that the RDA committee will evaluate are:(a) Actions that result in effective containment of spille…

(1) The department shall provide documentation to the liable party that details the information and calculations that were used to assess damages under the compensation schedule. This documentation shall be provided to the liable party along with the damages liability claim.(2) T…

The department may negotiate with a potentially liable party to perform restoration and enhancement projects or studies which may substitute for all or part of the damages determined through application of the procedures in WAC 173-183-300 through 173-183-870.[Statutory Authority…

The department shall submit an annual report to the appropriate standing committees of the legislature that addresses each spill for which the RDA committee was convened. The following information shall be included in the report for each spill addressed: The outcome of the preass…

If any provision of this rule or its application to any person or circumstance is held invalid, the remainder of the rule or application of the provision to other persons or circumstances is not affected.[Statutory Authority: Chapter 90.48 RCW. WSR 92-10-005 (Order 91-13), § 173-…

APPENDIX 1: ESTUARINE WATERS OF THE STATEAPPENDIX 2: SPECIES AND SPECIES GROUPS INCLUDED IN THE MARINE FISH VULNERABILITY RANKINGCommon NameScientific NamePacific sleeper sharkSomniosus pacificus Spiny dogfishSqualus acanthias SkatesRajidae Spotted ratfishHyrodlaguscolleriGreen s…

(1) This chapter applies to all vessels delivering oil in bulk on or over the waters of the state to the following:(a) Tank vessels;(b) Cargo vessels;(c) Passenger vessels;(d) Any other nonrecreational vessels; or(e) Class 1, 2, and 3 facilities.(2) This chapter does not apply to…

(1) This chapter establishes minimum standards for safe oil transfers to meet a zero spill goal established by the legislature. This chapter emphasizes:(a) Using a scaled approach that sets standards for safe oil transfers to protect people and the environment;(b) That it is the …

(1) The legislature granted ecology the authority to adopt and enforce these rules regulating the transfer of oil on or over waters of the state under RCW 88.46.160 and 88.46.165.(2) The owner or operator of any vessel involved in an oil transfer over state waters must allow ecol…

(1) "American Petroleum Institute (API) gravity" is a measure of how heavy or light a petroleum liquid is compared to water.(2) "Boom" means flotation boom or other effective barrier containment material suitable for containment, protection, or recovery of oil that is discharged …

(1) Ecology may verify compliance with this chapter by announced and unannounced inspections in accordance with chapters 90.56 and 88.46 RCW.(2) Ecology will provide an inspection report to the vessel after each inspection.(3) Ecology will notify the vessel owner or operator of a…

(1) Records required by this chapter must be maintained and available to ecology for a minimum of three years.(2) All records required in this chapter must be available to ecology upon request.(3) A copy of each ASTM Standard referenced in this rule is available for inspection at…

(1) Any violation of this chapter may be subject to enforcement and penalties under chapter 88.46 RCW.(2) If an owner or operator of a delivering vessel fails to comply with the requirements in approved plans or reports, as applicable, or otherwise fails to comply with requiremen…

Owners and operators of delivering vessels conducting oil transfer operations must ensure that the requirements in this chapter are implemented and followed.[Statutory Authority: RCW 88.46.160, 88.46.165, and chapter 90.56 RCW. WSR 06-20-034 (Order 06-02), § 173-184-045, filed 9/…

If any provision of this chapter is held invalid, the remainder of the chapter is not affected.[Statutory Authority: RCW 88.46.160, 88.46.165, and chapter 90.56 RCW. WSR 06-20-034 (Order 06-02), § 173-184-050, filed 9/25/06, effective 10/26/06.]

(1) Owners and operators of delivering vessels in operation at the time this rule is effective must meet the requirements in this rule on the effective date of this rule, except where specified below.(a) Within 30 calendar days from rule effective date, all delivering vessels mus…

(1) The delivering vessel (or designee) involved in an oil transfer of more than 100 gallons must notify ecology at least 24 hours prior to an oil transfer operation or the time frame set forth by the applicable United States Coast Guard captain of the port, whichever is greater.…

(1) Any owner or operator may submit a plan for equivalent compliance for the alternative measures required in WAC 173-184-115 and 173-184-120. Any owner or operator who submits a plan must preboom or meet the applicable alternative measures until the equivalent compliance plan i…

(1) These requirements apply to all oil transfers regulated by this chapter with the exception of transfers of gasoline, aviation gasoline, ethanol, nonene, and other highly volatile products with similar characteristics.(2) The deliverer must first determine the rate at which oi…

(1) The Rate A deliverer must preboom oil transfers when it is safe and effective to do so. When prebooming is not safe and effective, the deliverer must meet the alternative measures requirements found in subsection (9) of this section and submit the Ecology Boom Reporting Form …

(1) Rate B prebooming requirements. The Rate B deliverer must choose to meet either the following prebooming requirements or the alternative measures found in subsection (2) of this section. If prebooming is chosen, then:(a) Prior to starting the oil transfer operation, the deliv…

This section applies to delivering vessels conducting Rate A transfers at locations other than Class 1 facilities. The owner or operator of a delivering vessel conducting Rate A transfers must prepare a safe and effective threshold determination report that meets the requirements…

This chapter applies to owners and operators of:(1) Facilities that receive crude oil by railroad car in the state; and(2) Transmission pipelines that transport crude oil through the state.[Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-010, filed 8/24…

This chapter establishes:(1) Advance notice requirements for facilities that receive crude oil by railroad car.(2) Biannual notice requirements for transmission pipelines that transport crude oil.(3) Disclosure procedures for ecology to:(a) Provide nonaggregated information colle…

(1) Facilities.(a) Owners and operators of facilities in operation at the time this chapter is adopted must meet the advance notice requirements in WAC 173-185-070 on the effective date of this chapter.(b) Owners and operators of new facilities must meet the advance notice requir…

Any violation of this chapter may be subject to enforcement and penalties under RCW 90.48.120, 90.48.140, and 90.48.144.[Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-040, filed 8/24/16, effective 10/1/16.]

(1) "American Petroleum Institute (API) gravity" is a measure of how heavy or light a petroleum liquid is compared to water.(2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket,…

If any provision of this chapter is held invalid, the remainder of the chapter is not affected.[Statutory Authority: RCW 90.56.565. WSR 16-17-144 (Order 15-13), § 173-185-060, filed 8/24/16, effective 10/1/16.]

(1) Owners and operators of a facility that will receive crude oil from a railroad car must provide ecology with advance notice of all scheduled crude oil deliveries to be received by the facility as provided in this section. Notification may be made by the facility owner or oper…

(1) Owners and operators of a transmission pipeline that transports crude oil in or through the state must provide ecology biannual notice of all crude oil transported by the transmission pipeline in or through the state. Notification may be made by the transmission pipeline owne…

(1) Ecology will share the advance notice information collected from facilities under WAC 173-185-070 with the state emergency management division and any county, city, tribal, port, or local government emergency response agency upon request. Requests to access this information m…

Ecology will disclose information collected under this chapter by publishing it on a quarterly basis on ecology's website.(1) Ecology will publish the following crude oil movement information:(a) Mode of transport (i.e., railroad car or pipeline);(b) Place of origin by region for…

Pursuant to RCW 42.56.270(23) and 90.56.565(6), ecology and any state, local, tribal, or public agency that receives information provided under WAC 173-185-070 and 173-185-090 may not disclose any such information to the public or to nongovernmental entities that contains proprie…

The purpose of this chapter is to establish railroad oil spill contingency plan requirements, drill and equipment verification requirements, and provisions for inspection of records, effects of noncompliance, and enforcement, which:(1) Ensure maximally effective and rapid respons…

(1) This chapter applies to:(a) Railroad facilities required to submit oil spill contingency plans under chapter 90.56 RCW except for facilities as described in subsection (2) of this section.(b) Railroad facility owners or operators who lease access to state owned railroad track…

RCW 88.46.160, 90.48.080, 90.56.005, 90.56.050, 90.56.060, 90.56.210, 90.56.240, 90.56.260, 90.56.270, 90.56.280, 90.56.300, 90.56.310, 90.56.320, 90.56.340, and 90.56.570 provide statutory authority for the contingency plan preparation and review requirements and drill standards…

Unless the context clearly requires otherwise, the definitions in chapters 90.56 RCW, 173-182 WAC and the following apply to this chapter."Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pip…

(1) A plan may be submitted by any of the following:(a) The owner or operator of the railroad; or(b) A person who has contracted with the railroad to provide containment and cleanup services and who has been approved by ecology.(2) A person may submit a single integrated plan for…

(1) The rail plan holder shall submit one hard copy and electronic copy of the plan and all appendices.(2) Once the initial plan is approved, rail plan holders shall resubmit their plans to ecology every five years for review and approval.(3) Ecology will maintain mailing address…

(1) This section applies to those plan holders who, on the effective date of this chapter, have approved or conditionally approved plans. Each update must contain all necessary content and meet the requirements of this chapter.(2) Existing approved railroads defined as Type A sha…

At least once annually, rail plan holders shall review the entire plan for accuracy and either:(1) Update and submit the amended page(s) of the plan to ecology for review and approval; or(2) If no plan changes are needed, provide a letter to ecology confirming that the existing p…

(1) At any point during the five year approval period, if there is a temporary or permanent significant change in the personnel or response equipment described in the plan, the rail plan holder shall:(a) Notify ecology in writing within twenty-four hours of the change; and(b) Pro…