Rulemaking begins for oil handling and transfer

Washington’s Department of Ecology (Ecology) has begun a rulemaking to amend Chapters 173-180 & 184 WAC, concerning oil handling and transfer. Chapter 173-180 WAC establishes oil spill prevention and oil transfer requirements for regulated oil handling facilities. Chapter 173-184 WAC establishes oil transfer requirements for vessels delivering oil in bulk on or over waters of the state. This rulemaking will amend both chapters to implement updates to RCW 88.46.165.

Proposed changes

In both rules:

• Make changes to address inconsistent or unclear direction in the rule(s), and make any corrections needed.
• Evaluate and update codes and standards throughout the rule(s).
• Update and clarify enforcement provisions for expired plans, manuals, reports, and programs requiring re-approval for Class 1 and 2 facilities and delivering vessels.
• Update submittal requirements, recordkeeping requirements, and compliance schedules throughout the rule(s).
• For Rate A deliverers:
  • Clarify safe and effective determination and Boom Reporting Form submission requirements for Rate A deliveries.
  • Expand Safe and Effective Determination Report content requirements and align report and review requirements.
  • Update and clarify pre-booming and safe and effective threshold determination requirements for lightering operations, and for short-term transfer location approval requests.
  • Expand advance notice of oil transfer reporting requirements for Class 1, 2, and 3 facilities and delivering vessels.

In Chapter 173-180 WAC:

• Clarify and expand plan content and drill requirements for Class 2 facility Oil Transfer Response Plans.
• For Class 1 facilities:
  • Establish facility shut down, lay up, and decommission requirements.
  • Establish seismic protection requirements for transfer pipelines and storage tanks.
  • Clarify and expand plan preparation and plan content requirements for Prevention Plans, including secondary containment permeability and facility spill risk analysis criteria.
  • Clarify training and certification requirements.

In Chapter 173-184 WAC:

• Update advance notice reporting timeframe requirements for delivering vessels.

Rulemaking timeline

• August 3, 2021 – Rulemaking begins (CR-101 filing)
• October 2021 – August 2022 – Rulemaking workshops and meetings
• December 2022 (anticipated) – Start of comment period on proposed rule
• June 2023 (anticipated) – Rule adoption

To  ask questions or stay informed on the rulemaking, including receiving email updates, see Ecology’s dedicated website.