Washington Administrative Code

Rail plan holders are required to conduct post-spill review procedures to review both the effectiveness of the plan and make plan improvements. Debriefs with ecology and other participating agencies and organizations may be appropriate if unified command has been established duri…

Every rail plan holder is required to implement the ecology approved plan in any response to an oil spill and drill. A decision to use a different plan shall first be approved by the state and federal on-scene coordinators.[Statutory Authority: RCW 90.56.210. WSR 20-01-097 (Order…

Ecology may verify compliance with this chapter by examining:(1) Training and equipment maintenance records;(2) Drill records;(3) Accuracy of call-out and notification lists;(4) Spill management team lists;(5) ICS forms;(6) Waste disposal records; and(7) Post-spill reviews and ot…

(1) If an owner or operator of a railroad, a person, or rail plan holder is unable to comply with an approved contingency plan or otherwise fails to comply with requirements of this chapter, ecology may, at its discretion:(a) Place conditions on plan approval.(b) Require addition…

If any provision of this chapter is held invalid, the remainder of the chapter is not affected.[Statutory Authority: RCW 90.56.210. WSR 20-01-097 (Order 18-04), § 173-186-190, filed 12/12/19, effective 1/18/20.]

(1) Rail plan holders shall format and maintain plans to maximize their usefulness during a spill. Information shall be readily accessible and plans shall contain job aids, diagrams and checklists for maximum utility. Plans shall be formatted to allow replacement of pages with re…

(1) Each plan shall contain a written agreement binding the contingency plan submitter to its use. The person(s) signing the agreement shall be authorized to make expenditures to implement the requirements in subsection (2) of this section. Form number ECY 070 612 may be used. Th…

(1) Contingency plans shall include all of the content and meet all the requirements in this section.(2) In Washington state, the Northwest Area Contingency Plan (NWACP) serves as the statewide master oil and hazardous substance contingency plan required by RCW 90.56.060. Rail pl…

(1) Each plan shall contain a field document which lists time critical information for the initial emergency phase of a spill or a substantial threat of a spill. The owner or operator of the railroad shall make the field document available to personnel who participate in oil hand…

(1) Ecology shall apply a planning standard when determining the ability of a rail plan holder to meet the requirements of these regulations. The planning standards described in this chapter do not constitute cleanup standards nor response standards that must be met by the holder…

(1) The equipment necessary to address the worst case spill volume is brought to an incident over a period of time. The methodology to determine this is described in WAC 173-186-380 and 173-186-400. The spreadsheet referred to in WAC 173-186-380 will be used to demonstrate compli…

Rail plan holders that own oil spill response equipment shall develop schedules, methods, and procedures for response equipment maintenance. Maintenance records shall be kept for at least five years and made available if requested by ecology. Equipment shall be listed on the WRRL…

(1) Plan holders carrying, handling, storing, or transporting oils, that may weather and sink when spilled to the environment, must have or contract with a PRC that maintains the resources and/or capabilities necessary to respond to a spill of nonfloating oil spills.(2) The plan …

Based on the NWACP, plan holders operating in areas where in situ burning could be approved shall identify equipment for the use of in situ burning including locations of fire booms, air monitoring equipment, firefighting foam, igniters and aircraft or vessels to be used to deplo…

Each rail plan holder shall identify and ensure the availability of response resources necessary to perform shoreline cleanup operations capable of being on scene within twenty-four hours of spill notification.[Statutory Authority: RCW 90.56.210. WSR 16-18-052 (Order 15-14), § 17…

Rail contingency plans shall include a narrative description of applicable federal, state, and local requirements and the plan holder's resources for conducting air monitoring to protect oil spill responders and the public, including: (1) A description of how initial site charact…

Plan holders must plan to respond to and care for wildlife injured or endangered by oil spills.(1) The plan must include contact information for any PRC or WRSP, available under contract or other approvable means, and that maintain the required equipment, personnel, permits, mate…

(1) The rail plan holder shall describe how the planning standards found in this chapter are met.(2) The rail plan holder shall include in the plan, a spreadsheet provided by ecology on the resources to meet the planning standards as described in this chapter. This spreadsheet sh…

(1) Rail plan holders shall prepare a plan that demonstrates capability, to the maximum extent practicable, of promptly and properly removing oil and minimizing environmental damage from a variety of spill sizes, up to and including worst case spills. Ecology will evaluate plans …

Using the procedures and criteria outlined in WAC 173-182-621, ecology will review the planning standards at five-year intervals to ensure the maintenance of best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response act…

Rail owners or operators for new railroad operations shall submit plans to ecology no less than sixty-five days prior to their planned date for beginning of operations in Washington.(1) Upon receipt of a plan, ecology shall evaluate whether the plan is complete, and if not, the r…

(1) The purpose of this section is to specify the procedures for notifying the public which includes interested local and tribal governments about contingency plan status and decisions in order to provide opportunities for the public to review and comment.(2) In order to receive …

(1) Rail plan holders, PRCs, SMTs and WRSPs shall participate in a drill and equipment verification program for the purpose of ensuring that all contingency plan components function to provide, to the maximum extent practicable, prompt and proper removal of oil and minimization o…

To receive the credit from ecology for performing a required drill, the plan holder shall conduct the following drills within each triennial cycle.Type of DrillFrequency Within the Triennial CycleSpecial InstructionsScheduling InstructionsTabletop drills3 - One in each year of th…

The ecology drill evaluation process is based on the 2016 NPREP guidance document. The NPREP guidance document lists fifteen core components that shall be demonstrated by the rail plan holder during the triennial cycle. Ecology adopts the fifteen core components as the criteria u…

(1) Drill credits for actual spills: Rail plan holders may request drill credit for a response to an actual spill, provided that ecology has an opportunity to participate during the spill and evaluate the spill response. Credit for a spill may only be used to replace the requirem…

(1) Rail plan holders may request a waiver for deployment or tabletop drill requirements.(2) The request shall be in writing and shall describe why a waiver should be considered and how the rail plan holder is meeting the purpose and intent of the drill program.(3) Rail plan hold…

(1) Rail plan holders shall format and maintain plans to maximize their usefulness during a spill. Information shall be readily accessible and plans shall contain job aids, diagrams and checklists for maximum utility. Plans shall be formatted to allow replacement of pages with re…

(1) Each plan shall contain a written agreement binding the contingency plan submitter to its use. The person(s) signing the agreement shall be authorized to make expenditures to implement the requirements in subsection (2) of this section. Form number ECY 070 612 may be used. Th…

(1) Contingency plans shall include all of the content and meet all the requirements in this section.(2) In Washington state, the Northwest Area Contingency Plan (NWACP) serves as the statewide master oil and hazardous substance contingency plan required by RCW 90.56.060. Rail pl…

(1) Each plan shall contain a field document which lists time-critical information for the initial emergency phase of a spill or a substantial threat of a spill. The owner or operator of the railroad shall make the field document available to personnel who participate in oil hand…

(1) Plan holders must plan for potential spill impacts to wildlife (birds, marine mammals, turtles and other reptiles, and other water column and near shores species) that utilize habitats at risk from spills.(2) The plan must include contact information for approved PRC and WRSP…

Using the procedures and criteria outlined in WAC 173-182-621, ecology will review the planning standards at five-year intervals to ensure the maintenance of best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response act…

Rail owners or operators for new railroad operations shall submit plans to ecology no less than sixty-five days prior to their planned date for beginning of operations in Washington.(1) Upon receipt of a plan, ecology shall evaluate whether the plan is complete, and if not, the r…

(1) The purpose of this section is to specify the procedures for notifying the public which includes interested local and tribal governments about contingency plan status and decisions in order to provide opportunities for the public to review and comment.(2) In order to receive …

(1) Rail plan holders will hold one basic tabletop drill once every three years. In Washington, a modified triennial cycle for drills, as found in the National Preparedness for Response Exercise Program (NPREP), is relied on to test each component of the plan.(2) Tabletop drills …

The ecology drill evaluation process is based on the 2016 NPREP guidance document. The NPREP guidance document lists fifteen core components to be demonstrated during drills. Ecology adopts the fifteen core components as the criteria used to evaluate the basic tabletop drill.The …

(1) Rail plan holders shall format and maintain plans to maximize their usefulness during an incident. Contingency plan shall include all of the content and meet all the requirements in this section;(2) Keep documentation of the contingency plan on file with the department at the…

(1) The purpose of this chapter is to ensure that owners and operators of facilities and covered vessels have adequate financial resources to pay cleanup and damage costs arising from an oil spill.(2) The required amounts of financial responsibility in no way restrict or set fina…

(1) This chapter applies to owners and operators of onshore facilities, offshore facilities, and covered vessels required to meet financial responsibility requirements under chapter 88.40 RCW.(2) This chapter does not apply to owners or operators of:(a) Railroads, motor vehicles,…

Chapter 88.40 RCW provides authority for the financial responsibility requirements established by this chapter.[Statutory Authority: Chapter 88.40 RCW. WSR 24-13-065 (Order 22-14), § 173-187-030, filed 6/14/24, effective 7/15/24.]

(1) "Authorized representative" means a person who has the authority, or delegated authority, to submit and attest to information relevant to the certificate of financial responsibility process.(2) "Barge" means a vessel that is not self-propelled.(3) "Bulk" means material that i…

Any violation of this chapter may be subject to enforcement and penalties under chapter 88.40 RCW, RCW 90.56.300 and 90.56.310.[Statutory Authority: Chapter 88.40 RCW. WSR 24-13-065 (Order 22-14), § 173-187-050, filed 6/14/24, effective 7/15/24.]

If any provision of this chapter is held invalid, the remainder of the chapter is not affected.[Statutory Authority: Chapter 88.40 RCW. WSR 24-13-065 (Order 22-14), § 173-187-060, filed 6/14/24, effective 7/15/24.]

(1) The owner or operator of any vessel that is covered by this chapter must demonstrate financial responsibility as defined in the table below:Vessel TypeFinancial Responsibility AmountsBarges that transport hazardous substances in bulk as cargo$5,000,000 or$300 per gross ton, w…

The owner or operator of any facility that is covered by this chapter must demonstrate financial responsibility as defined in the table below:Facility TypeFinancial Responsibility AmountsMaximum Amount RequiredClass 1 facility (oil handling facilities including refineries and mar…

(1) A facility may submit to ecology a request for an alternative calculation to determine financial responsibility required under this chapter.(a) The request must demonstrate financial responsibility capable of covering the response costs and damages that could occur during a r…

(1) The owner or operator of a vessel required to document financial responsibility under this chapter must:(a) Obtain a Washington COFR; or(b) Be verified by ecology to be a current member of a P&I club.(2) The owner or operator of a facility required to demonstrate financial re…

(1) Ecology will verify, through its available means, that the vessel is currently a member of a P&I club.(2) If ecology is unable to verify the vessel is a member of a P&I club, the vessel owner or operator must, upon request by ecology, provide the vessel's P&I club certificate…

(1) The owner or operator of a vessel or facility that is required to demonstrate financial responsibility under this chapter, or their authorized representative, must apply for a Washington COFR based on guidance located on ecology's website.(2) Applications and associated mater…