Published on Sep 11, 2020

Public comment period for oil transport rulemaking now open

Contact: Carl Schroeder, Shannon McClelland

The Department of Ecology (Ecology) is formally proposing amendments to Chapter 173-185 WAC, Oil Movement by Rail and Pipeline Notification and has opened the public comment period. This chapter establishes reporting standards for facilities that receive crude oil by rail and pipelines that transport crude oil through the state. The rule also describes reporting standards for Ecology to share information with tribes, emergency responders, local governments, and the public.

The rulemaking will implement HB 1578 and SB 5579, both of which passed in 2019 and are codified in RCW 90.56.565 and 90.56.580. Through these two pieces of legislation, the Legislature expanded reporting requirements for regulated facilities, pipelines, and Ecology and placed statutory limits on the vapor pressure of crude oil as it is loaded by facilities that receive crude oil by rail.

This rulemaking will:

  • Expand advance notice reporting requirements for facilities that receive crude oil by rail to include type and vapor pressure of crude oil;
  • Expand biannual notice requirements for pipelines that transport crude oil through the state to include gravity and type of crude oil;
  • Describe how required information will be provided to the Utilities and Transportation Commission;
  • Make other changes to clarify language and make any corrections needed.

Public hearing dates:

  • Wednesday, October 7 at 1 pm
  • Tuesday, October 13 at 10 am
  • Tuesday, October 20 at 6 pm

Providing comments:

Formal comments on this rulemaking will be accepted until November 1 at 11:59 pm in the following ways:

  • At the public hearings via webinar:
    • Verbally, by those who attend the webinar. Comments will not be accepted through the webinar chat box by persons viewing the webinar.
  • Any time during the comment period:
    • By mail, to Kim Morley, Department of Ecology Spills Program, P.O. Box 47600, Olympia, WA 98504-7600 or 300 Desmond Drive SE, Lacey, WA 98503
    • Submitted through Ecology’s online comment tool

The rule is expected to be adopted on January 19, 2021, and the effective date is expected to be February 19, 2021. More information about the rulemaking is posted on Ecology’s website.

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