WSR 18-24-127
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 18-04—Filed December 5, 2018, 11:51 a.m.]
Subject of Possible Rule Making: Ecology plans to amend chapter 173-186 WAC, Oil spill contingency plan—Railroad. This chapter requires railroads carrying oil as cargo to plan for oil spills to include how to make notifications, have the appropriate equipment and trained personnel to respond to spills that may occur. This rule making will:
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| • | Establish three tiers for railroad contingency planning and streamline requirements according to RCW 90.56.210. |
| • | Establish requirements for citing spill management teams including entities providing wildlife rehabilitation and recovery services. |
| • | Enhance requirements for readiness for spills of oils that may weather and sink. |
| • | Update drill requirements to reflect legislative direction. |
| • | Make other edits to address inconsistent or unclear direction in the rule. |
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter
90.56 RCW, Oil and substance spill prevention and response.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: We were in the beginning stages of implementing this chapter when in 2017 the legislature passed ESHB 1136 (RCW
90.56.210) changing oil spill contingency planning requirements for smaller railroads. The purpose of this rule making is to streamline the plan requirements for the smaller railroads who move refined oil products and not crude oil. In addition, this rule update will comply with the passage of E2SSB 6269 in 2018 (RCW
90.56.210) directing ecology to update rules to account for nonfloating oils and to require spill management teams to apply and be approved by ecology in order to be cited in contingency plans.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: We will share information and coordinate rule-making activities to the following agencies: United States Coast Guard, Environmental Protection Agency, Washington state utilities and transportation commission, Pipeline and Hazardous Materials Safety Administration and Federal Railroad Administration.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter
34.05 RCW).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nhi Irwin, Department of Ecology, Spills Prevention, Preparedness and Response Program, P.O. Box 47600, Lacey, WA 98504, phone 360-407-7039, TTY people with speech disability may call TTY 877-833-6341 and people with impaired hearing may call Washington relay service 711, web site https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-186. Sign up to receive email notices spillsrulemaking@ecy.wa.gov. To stay informed about rule making, please signup for our ListServ SPILLS-PROGRAM@LISTSERV.ECOLOGY.WA.GOV.
Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
December 5, 2018
Linda Pilkey-Jarvis
Preparedness Section Manager