WSR 03-11-010

PERMANENT RULES

DEPARTMENT OF ECOLOGY


[ Order 03-03 -- Filed May 12, 2003, 10:56 a.m. ]

Date of Adoption: May 11, 2003.

Purpose: This rule making is to correct an error that currently exists in the rule. These amendments are being adopted 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.

Citation of Existing Rules Affected by this Order: Amending chapter 173-183 WAC, Preassessment screening and oil spill compensation schedule regulations.

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

Adopted under notice filed as WSR 03-06-036 on February 26, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 4, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

May 11, 2003

Tom Fitzsimmons

Director

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.

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Register

Washington State Code Reviser's Office