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About us > Who we are > Our programs > Spills Program > Legislative work > BPC tug escort rulemaking

Board of Pilotage Commissioners Tug Escort Rulemaking (Chapter 363-116 WAC)

The Board of Pilotage Commissioners (BPC) adopted amendments to Chapter 363-116 WAC, Pilotage Rules, to establish tug escort requirements for oil tankers between 5,000 and 40,000 deadweight tons (DWT) and barges and articulated tug barges greater than 5,000 DWT. The adopted rule implements updates to Chapter 88.16 RCW Pilotage Act as required under Engrossed Substitute House Bill (ESHB) 1578, which directed the BPC, in consultation with Ecology, to adopt tug escort rules for Puget Sound by December 31, 2025. The adopted rule closes critical safety gaps for vessels carrying oil in bulk, reducing the risk of a catastrophic oil spill in Puget Sound and helping to protect wildlife, including endangered Southern Resident killer whales (SRKWs), fisheries, public health, and Washington’s economy.

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The adopted rule: 

  • Applies to the following small to medium sized oil carrying tank vessels:
    • Tankers between 5,000 and 40,000 deadweight tons (DWT).
    • Articulated tug barges (ATBs) and towed waterborne vessels or barges greater than 5,000 DWT.
  • Maintains existing tug escort requirements established in RCW 88.16.190(2)(a)(ii), effective September 1, 2020, and
    • Expands the tug escort area by approximately 28.9 square miles to the northwest toward Patos Island (an 11 percent increase in area).
    • Establishes minimum horsepower (hp) requirements for tugs escorting these vessels based on the escorted vessel’s deadweight tonnage:
      • 2,000 hp for vessels between 5,000 and 18,000 DWT, and
      • 3,000 hp for vessels greater than 18,000 DWT.
    • Requires tugs escorting these vessels to have a minimum of twin screw propulsion (i.e., at least two propellers).
    • Requires a pre-escort conference between the escort tug and tank vessel to discuss the operational details of the transit.

The adopted rule does not apply to unladen vessels or tank vessels that are conducting bunkering, which includes the transit of the tank vessel to the bunker location, the oil transfer operation, and the return transit of the tank vessel..

Rulemaking timeline

Announcement phase (CR-101)

Filing date:
Feb. 22, 2023

Announcement documents

Rule development phase

February 2023 – June 2025

Public input and involvement 

The BPC appointed the Oil Transportation Safety Committee (OTSC) as an advisory committee with subject matter experts representing different areas like the regulated industry, Tribal governments, and environmental groups. The OTSC gives recommendations to the BPC, and the BPC makes final decisions. The BPC board meetings are open to the public, who can also share their comments during these meetings.

We’ve held workshops for Tribal Government and stakeholders and provided updates during OTSC and BPC meetings. You can find the workshop presentation slides and meeting note at the links below.

SEPA meeting

We have determined that the rulemaking may have a significant adverse impact on the environment. An environmental impact statement (EIS) is required under RCW 43.21C.030 (2)(c) and will be prepared. Agencies, affected tribes, and members of the public are invited to comment on the scope of the EIS. 

A SEPA EIS Scoping comment period was held from February 22 through April 8, 2023. We held one public meeting during this comment period, on March 21, 2023.

View comments received 

EIS scoping meeting presentation

Ecology and BPC reviewed the comments received on the scope of the EIS and published the Board of Pilotage Commissioners Tug Escort Rulemaking SEPA EIS Scoping Summary Report in May 2024.

Public comment period (informal)

June 4, 2024, at midnight to March 14, 2025, at 11:59 p.m.

Read comments received during the rule development phase.

Past workshops

Rule proposal phase (CR-102)

Filing date:
June 11, 2025

Rule proposal documents:

Rule adoption phase (CR-103)

Filing date: 
November 20, 2025

Rule effective:
December 21, 2025

Rule adoption documents:

Accessibility

To request an ADA accommodation, email jasmin.adams@ecy.wa.gov, call (360) 464-0324, or dial 711 to call through the Washington Telecommunications Relay for services like text telephone (TTY). Visit Ecology.wa.gov/ADA for more accessibility information.

Translated content

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Contact information

Jaimie Bever 
BPC Executive Director
jaimie.bever@wsdot.wa.gov 
206-515-3887