Chapter 173-187 WAC
Ecology has adopted a new chapter of rule, Chapter 173-187 WAC Financial Responsibility.
The adopted rule implements updates to Chapter 88.40 RCW Transport of Petroleum Products – Financial Responsibility, as required under Engrossed Second Substitute House Bill (E2SHB) 1691. The adopted rule ensures that vessels and facility owners and operators have adequate financial resources to pay cleanup and damage costs arising from an oil spill. Additionally, the existing Chapter 317-50 WAC - Financial Responsibility for Small Tank Barges and Oil Spill Response Barges has been incorporated into the new rule and has been repealed.
The new rule:
- Defines the entities subject to financial responsibility requirements.
- Establishes required levels of financial responsibility for oil handling facilities and pipelines.
- Specifies the procedures and timelines for obtaining or renewing a certificate of financial responsibility.
- Establishes requirements for acceptable evidence of financial responsibility, including self-insurance.
- Outlines the process for ensuring timely updates to changes in financial status.
- Defines the processes governing the suspension, revocation, and re-issuance of certificates of financial responsibility considering potential liabilities incurred by a covered entity after an oil spill or other incident.
- Incorporates and updates financial responsibility requirements currently included in Chapter WAC 317-50 – Financial Responsibility for Small Tank Barges and Oil Spill Response Barges.
- Repeals Chapter 317-50 WAC..
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
April 17, 2023
Announcement documents
Rule development phase
April 17, 2023 – January 2024Public input & involvement
We held 6 virtual workshops for stakeholders during this phase. Workshop presentation slides are available at the links below.
Ecology’s meetings with stakeholders:
| Date | Documents |
|---|---|
| June 15, 2023 | Presentation 1 |
| July 13, 2023 | Presentation 2 |
| July 27, 2023 | Presentation 3 |
| August 25, 2023 | Presentation 4 |
| September 12, 2023 | Presentation 5 |
| October 5, 2023 | Presentation 6 |
Rule proposal phase (CR-102)
Jan. 19, 2024
- Proposal notice – CR-102 form
- Preliminary Regulatory Analyses
- SEPA Environmental Checklist and Determination of Nonsignificance
Comment period
Comment period: January 19, 2024 at 12:00 a.m. to March 8, 2024 at 11:59 p.m.
We held three public hearings on this rule proposal via webinar. The hearings were held February 27, 2024 from 1:00 p.m. - 3:00 p.m., February 28, 2024 from 6:00 p.m. - 8:00 p.m., and February 29, 2024 from 10:00 a.m. – noon.
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 14, 2024
July 15, 2024
Related links
- Statutory Authority: Chapter 88.40 RCW
- Regulatory Guidance for Oil Industry
Contact information
Diana Davis
Rulemaking Lead
diana.davis@ecy.wa.gov
425-758-0483
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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.