On August 24, 2016, The Washington State Department of Ecology adopted a new rule, Chapter 173-185 WAC, Oil Movement by Rail and Pipeline Notification. Chapter 173-185 WAC creates reporting standards for facilities that receive crude oil by rail, and pipelines that transport crude oil in or through the state.  Additionally, the rule identifies reporting standards for Ecology to share information with emergency responders, local governments, tribes, and the public.

The rule:

• Specifies the applicability of the rule.
• Defines terms used in the rule and ensures consistency with other Ecology regulations.
• Establishes advance notice requirements for facilities that receive crude oil by rail.
• Establishes biannual notice requirements for pipelines that transport crude oil in or through the state.
• Identifies the manner in which information must be submitted to Ecology.
• Identifies the process for emergency responders, local governments, and tribes to request oil movement information, and the process that Ecology will use to provide non-aggregated information.
• Identifies the types of aggregated information that Ecology will disclose to the public.
• Establishes penalties for noncompliance with the rule.

The effective date of the rule is October 1, 2016.

Public Comments:

Ecology held a public comment period on this rule proposal from April 6, 2016 through June 10, 2016. Ecology’s response to comments received during the public comment period is now available at www.fortress.wa.gov/ecy/publications/SummaryPages/1608017.html.

More information:

A copy of the Rule Adoption Notice is available at https://fortress.wa.gov/ecy/publications/SummaryPages/1608020.html.  The notice contains information about the rule, the response to comments received on the rule proposal, and appeal procedures.

For more information about this rule, including the rulemaking order and adopted rule text, visit the website for the rule at www.ecy.wa.gov/programs/spills/rules/1513ov.html.