Chapter 173-180 WAC and Chapter 173-184 WAC
On June 6, 2023, Ecology adopted amendments to Chapter 173-180 WAC, Facility Oil Handling Standards and Chapter 173-184 WAC, Vessel Oil Transfer Advance Notice and Containment Requirements. 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.
Rule amendments to both chapters will implement updates to RCW 88.46.165. Amendments also include necessary administrative updates, expand on existing requirements, and establish new requirements as described below.
In Chapters 173-180 and 173-184 WAC:
- 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.
- Expand Safe and Effective Threshold Determination Report content requirements and align report and review requirements.
- 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 out of service and decommissioning 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.
- Update and clarify pre-booming and safe and effective threshold determination requirements for lightering operations, and for short-term transfer location approval requests for Rate A deliverers.
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
Aug. 3, 2021
Announcement documents
Rule development phase
August 3, 2021 – January 3, 2023Rule proposal phase (CR-102)
Jan. 3, 2023
- Proposal Notice – CR-102 form
- Proposed rule language
- Preliminary Regulatory Analyses
- SEPA Environmental Checklist and SEPA Determination of Nonsignificance
Comment period
Comments were due by March 5, 2023
We held three public hearings on the rule proposal via webinar. The public hearings were held February 8, 2023, February 14, 2023, and February 16, 2023.
The hearings began with a short presentation and question and answer session, followed by the opportunity to provide testimony.
Rule adoption phase (CR-103)
June 6, 2023
July 7, 2023
Related links
- Statutory Authority: Chapter 88.46 RCW and Chapter 90.56 RCW
- Regulatory Guidance for Oil Industry
- Advance Notice of Oil Transfer
Contact information
Brittany Flittner
Rulemaking Lead
brittany.flittner@ecy.wa.gov
360-584-4490
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Accessibility
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.