WSR 03-06-036

EXPEDITED RULES

DEPARTMENT OF ECOLOGY


[ Order 03-03 -- Filed February 26, 2003, 1:21 p.m. ]

Title of Rule: These amendments are being made to WAC 173-183-820, 173-183-830, 173-183-850, and 173-183-860 to correct a cross reference in the rule. These sections will be amended to reference WAC 173-183-340 instead of WAC 173-183-360. No other amendments will be made to this chapter during this rule making.

Purpose: This rule making is to correct an error that currently exists in the rule. Cross references to WAC 173-183-360 are being changed to correctly reference WAC 173-183-340.

Statutory Authority for Adoption: Chapter 90.48 RCW, Water pollution control.

Statute Being Implemented: Chapter 90.48 RCW, Water pollution control.

Summary: This action would correct typographical errors that currently exist in the chapter as codified.

Reasons Supporting Proposal: When the public uses this rule it is important that the cross reference is correct so that proper formulas are used when completing calculations related to the topic regulated by chapter 173-183 WAC.

Name of Agency Personnel Responsible for Drafting: Jerry Thielen, 300 Desmond Drive, Lacey, 98503, (360) 407-7551; Implementation and Enforcement: Dale Davis, 300 Desmond Drive, Lacey, 98503, (360) 407-6972.

Name of Proponent: Washington Department of Ecology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule making is to correct an error that currently exists in the rule. Cross references to WAC 173-183-360 are being changed to correctly reference WAC 173-183-340. These corrections will clarify the rule language so that the public is able to find information in the rule that will be of assistance when completing calculations used with this chapter.

Proposal Changes the Following Existing Rules: This rule making is to correct errors in cross referencing that currently exist in the rule. Cross references to WAC 173-183-360 are being changed to correctly reference WAC 173-183-340. No other changes are being made.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600 , AND RECEIVED BY May 6, 2003.


February 24, 2003

Dale Jensen, Program Manager

Spill Prevention,

Preparedness and Response

OTS-6225.1


AMENDATORY SECTION(Amending Order 91-13, filed 4/23/92, effective 5/24/92)

WAC 173-183-820   RDA committee chair responsibilities.   (1) The RDA committee chair shall, in consultation with the OSC and RDA committee, determine the following:

(a) For spills into marine or estuarine environments excluding the Columbia River estuary:

(i) The acute toxicity, mechanical injury and persistence oil class rankings for the spilled oil as provided in WAC ((173-183-360)) 173-183-340;

(ii) Subregion(s) exposed to the spilled oil;

(iii) Habitat types exposed to the spilled oil as classified in WAC 173-183-410 for spills of 1,000 gallons or more;

(iv) Percent coverage of each habitat type within the area of spill exposure for spills of 1,000 gallons or more;

(v) Percent coverage of habitat types present within the subregion(s) exposed to spilled oil for spills of less than 1,000 gallons.

(vi) A spill's habitat vulnerability scores (HVS) for acute toxicity, mechanical injury, and persistence as determined by the procedures outlined in WAC 173-183-400; and

(vii) The spill vulnerability scores (SVSAT, SVSMI, SVSPER) for the most vulnerable season affected by the spill using the formula provided in WAC 173-183-400.

(b) For spills in the estuarine waters of the Columbia River:

(i) The acute toxicity, mechanical injury, and persistence oil class rankings for the spilled oil as provided in WAC ((173-183-360)) 173-183-340;

(ii) The cell(s) exposed to the spilled oil; and

(iii) The spill vulnerability score (SVS) for the most vulnerable season affected by the spilled oil using the procedures provided in WAC 173-183-500.

(c) For spills in freshwater streams, rivers, and lakes:

(i) The acute toxicity, mechanical injury and persistence oil class rankings for the spilled oil as provided in WAC ((173-183-360)) 173-183-340;

(ii) Freshwater vulnerability score as described in WAC 173-183-610;

(iii) Freshwater habitat index as described in WAC 173-183-620; and

(iv) Spill vulnerability score (SVS) as outlined in WAC 173-183-600 for each stream, river, and/or lake environment exposed to the spill; and

(d) For spills in freshwater wetlands:

(i) The acute toxicity, mechanical injury, and persistence oil class rankings for the spilled oil as provided in WAC ((173-183-360)) 173-183-340;

(ii) Freshwater wetland vulnerability score as described in WAC 173-183-710;

(iii) Spill vulnerability score (SVS) as outlined in WAC 173-183-700 for each wetland exposed to the spill.

(2) For spills that enter more than one environment, the RDA committee chair shall, in consultation with the OSC and RDA committee, make the determinations enumerated under subsection (1)(a) through (d) of this section.

[Statutory Authority: Chapter 90.48 RCW. 92-10-005 (Order 91-13), 173-183-820, filed 4/23/92, effective 5/24/92.]


AMENDATORY SECTION(Amending Order 91-13, filed 4/23/92, effective 5/24/92)

WAC 173-183-830   Calculation of damages for spills into marine and estuarine waters, except the Columbia River estuary.   (1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into marine and estuarine waters, except the estuarine waters of Columbia River. The value of the variables used in the formula shall be determined by:

(a) The OSC as enumerated in WAC 173-183-810(1);

(b) The mutually agreed upon independent expert, if applicable, as described in WAC 173-183-810(2); and

(c) The RDA committee chair as enumerated in WAC 173-183-820 (1)(a).

(2) In making the determination of percent-coverage of habitat types, the RDA committee chair may assume that the habitat-type visible at low tide extends out to the 20 meter depth contour.

(3) Damages liability shall be calculated using the following formula:


Damages ($) =
gallons spilled* 0.1* [(OILAT*SVSAT,j) +
(OILMI*SVSMI,j) + (OILPER*SVSPER,j)]
where: gallons spilled = the number of gallons of oil spilled as determined by the procedures outlined in WAC 173-183-810;
SVSi,j = spill vulnerability score (from WAC 173-183-400(3));
OILAT = Acute Toxicity Score for Oil (from WAC ((173-183-360)) 173-183-340);
OILMI = Mechanical Injury Score for Oil (from WAC ((173-183-360)) 173-183-340); and
OILPER = Persistence Score for Oil (from WAC ((173-183-360)) 173-183-340).
i = acute toxicity, mechanical injury and persistence effect of oil
j = the most sensitive season affected by the spill
0.1 = multiplier to adjust the damages calculated to the $1-50 per gallon range.

Formula results shall be rounded to the nearest 0.01 to determine damages liability as follows: Decimals less than 0.005 shall be rounded down, and decimals equal to or greater than 0.005 shall be rounded up.

[Statutory Authority: Chapter 90.48 RCW. 92-10-005 (Order 91-13), 173-183-830, filed 4/23/92, effective 5/24/92.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 91-13, filed 4/23/92, effective 5/24/92)

WAC 173-183-850   Calculation of damages for spills in freshwater streams, rivers, and lakes.   (1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into freshwater streams, rivers, and lakes. The value of the variables used in the formula shall be determined by:

(a) The OSC as enumerated in WAC 173-183-810(1);

(b) The mutually agreed upon independent expert, if applicable, as described in WAC 173-183-810(2); and

(c) The RDA committee chair as enumerated in WAC 173-183-820 (1)(c).

(2) Damages liability shall be calculated using the following formula:


Damages ($) =
gallons spilled* 0.08* SVS* (OILAT + OILMI +OILPER)
where: gallons spilled = the number of gallons of oil spilled as determined by the procedures outlined in WAC 173-183-810;
SVS = Spill vulnerability score [from WAC 173-183-600(3)];
OILAT = Acute Toxicity Score for Oil [from WAC ((173-183-360)) 173-183-340];
OILMI = Mechanical Injury Score for Oil [from WAC ((173-183-360)) 173-183-340]; and
OILPER = Persistence Score for Oil [from WAC ((173-183-360)) 173-183-340].
0.08 = multiplier to adjust damages calculated to the $1-50 per gallon range;

Formula results shall be rounded to the nearest 0.01 to determine damages liability as follows: Decimals less than 0.005 shall be rounded down, and decimals equal to or greater than 0.005 shall be rounded up.

[Statutory Authority: Chapter 90.48 RCW. 92-10-005 (Order 91-13), 173-183-850, filed 4/23/92, effective 5/24/92.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 91-13, filed 4/23/92, effective 5/24/92)

WAC 173-183-860   Calculation of damages for spills into freshwater wetlands.   (1) The formula provided in subsection (2) of this section shall be used to determine damages liability for spills into freshwater wetlands. The value of the variables used in the formula shall be determined by:

(a) The OSC as enumerated in WAC 173-183-810(1);

(b) The mutually agreed upon independent expert, if applicable, as described in WAC 173-183-810(2); and

(c) the RDA committee chair as enumerated in WAC 173-183-820 (1)(d).

(2) Damages liability shall be calculated using the following formula:


Damages ($) =
gallons spilled* 0.81* SVS* (OILAT + OILMI +OILPER)
where: gallons spilled = the number of gallons of oil spilled as determined by procedures outlined in WAC 173-183-810;
SVS = Spill vulnerability score [from WAC 173-183-700(3)];
OILAT = Acute Toxicity Score for Oil [from WAC ((173-183-360)) 173-183-340];
OILMI = Mechanical Injury Score for Oil [from WAC ((173-183-360)) 173-183-340]; and
OILPER = Persistence Score for Oil [from WAC ((173-183-360)) 173-183-340].
0.81 = multiplier to adjust damages calculated to the $1-50 per gallon range;

Formula results shall be rounded to the nearest 0.01 to determine damages liability as follows: Decimals less than 0.005 shall be rounded down, and decimals equal to or greater than 0.005 shall be rounded up.

[Statutory Authority: Chapter 90.48 RCW. 92-10-005 (Order 91-13), 173-183-860, filed 4/23/92, effective 5/24/92.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office