BILL REQ. #:  H-4424.1 

Read first time 01/16/08.   Referred to Committee on Ecology & Parks.

     AN ACT Relating to revising marine transfer rules; amending RCW 88.46.160; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature recognizes the critical importance of prevention in obtaining the goal of zero oil spills to waters of the state. The legislature also recognizes that the regulation of oil and fuel transfers on or near waters of the state vary depending on many factors including the type of facility or equipment that is used, the type of products being transferred, where the transfer takes place, the type of vessels involved in the transfer, and the historical risk associated with the facility involved in the transfer. Finally, the legislature recognizes that rules adopted regarding oil and fuel transfers must allow practical implementation to achieve environmental protection. The legislature therefore directs the department of ecology to revise current rules for oil and fuel transfers on marine waters to ensure that these rules provide effective, pragmatic regulations to protect the waters of the state.

Sec. 2   RCW 88.46.160 and 2004 c 226 s 3 are each amended to read as follows:
     (1) Any person or facility conducting ship refueling and bunkering operations, or the lightering of petroleum products, and any person or facility transferring oil between an onshore or offshore facility and a tank vessel shall have containment and recovery equipment readily available for deployment in the event of the discharge of oil into the waters of the state and shall deploy the containment and recovery equipment in accordance with standards adopted by the department. All persons conducting refueling, bunkering, or lightering operations, or oil transfer operations shall be trained in the use and deployment of oil spill containment and recovery equipment. It is the responsibility of the person providing bunkering, refueling, or lightering services to provide any containment or recovery equipment required under this section.
     (2) The department shall adopt initial rules ((as necessary)) to carry out ((the provisions of)) this section by June 30, 2006. The department shall adopt subsequent rules as deemed necessary by the department.
     (a) The rules shall include standards for the circumstances under which containment equipment should be deployed including standards requiring deployment of containment equipment prior to the transfer of oil when determined to be safe and effective by the department. The department may require a person or facility to employ alternative measures including but not limited to automatic shutoff devices and alarms, extra personnel to monitor the transfer, or containment equipment that is deployed quickly and effectively. The rules must include provisions requiring an onshore or offshore facility's contingency plan to include the procedures used to contain and recover discharges.
     (b) The standards adopted by rule must be suitable to the specific environmental and operational conditions and characteristics of the facilities that are subject to the standards((, and the department must consult with the United States coast guard with the objective of developing state standards that are compatible with federal requirements applicable to the activities covered by this section. An onshore or offshore facility shall include the procedures used to contain and recover discharges in the facility's contingency plan. It is the responsibility of the person providing bunkering, refueling, or lightering services to provide any containment or recovery equipment required under this section)). The standards must include performance-based methods to conduct refueling, bunkering, or lightering operations, or oil transfer operations while protecting the waters of the state. The standards must also include provisions to consider the historical risks associated with individual facilities or groups of facilities.
     (3) The department must consult with the United States coast guard in developing state standards that are compatible with applicable federal requirements.
     (4) This section does not apply to a person operating a ship for personal pleasure or for recreational purposes.