Washington’s COFR Requirements & Key Deadlines for WSMC Members
The Washington State Department of Ecology adopted new Certificate of Financial Responsibility (COFR) requirements under WAC 173-187. These rules ensure that owners and operators of covered vessels and facilities have the financial capacity to pay for oil-spill response and damages in state waters. The rule took effect on July 15, 2024, and is being phased in over the next two years. Washington State Legislature
Deadlines (Phase-in Schedule)
Class 1 facilities (refineries, marine terminals, large onshore/offshore facilities): apply by April 15, 2025 (9 months after the effective date). Washington State Legislature
Class 2 and Class 3 facilities: apply by October 15, 2025 (15 months). Washington State Legislature
Covered vessels: by April 15, 2026 (21 months), either be verified as a current member of an International Group (IG) P&I Club or obtain a Washington COFR. Washington State Legislature
Background
Under WAC 173-187, vessels can meet financial responsibility either by: (1) Ecology verifying current membership in an IG P&I Club, or (2) obtaining a Washington COFR. Facilities must obtain a Washington COFR. Washington State Legislature
Coverage That Qualifies (Automatic Verification Path)
Vessels entered with an International Group P&I Club generally satisfy Washington’s verification requirement. Ecology may request documentation (e.g., a certificate of entry) within 10 days if it cannot verify membership. The 12 IG clubs are: American, Britannia, Gard, Japan, London, NorthStandard, Shipowners’, Skuld, Steamship Mutual, Swedish, UK, and West of England. No separate action is required unless Ecology contacts you for verification. igpandi.org+1
Coverage That Does Not Qualify for Automatic Verification
Vessels insured via commercial marine underwriters outside the IG (e.g., Great American, Starr, Safe Harbor, British Marine (QBE), Lloyd’s syndicates via brokers such as Marsh or Erven Boug & Associates) do not meet the automatic verification path. These vessels must apply for a Washington COFR to enter or operate in state waters. (Insurance from authorized or surplus-lines insurers can be used to obtain a Washington COFR per the rule.) Washington State Legislature
How to Apply (COFR Path)
Applications are submitted through Ecology’s Secure Access Washington (SAW) portal. Ecology’s guidance and forms are available now, and Ecology will typically issue a COFR within 30 days of a complete application; COFRs are valid for two years. Ecology Apps+1
Next Steps
IG-entered fleets: Confirm your club entry remains current; be prepared to provide proof if Ecology requests it. Washington State Legislature
Non-IG-insured vessels: Plan to complete the Washington COFR application via SAW well ahead of any arrival in Washington waters and no later than April 15, 2026 for the phase-in. After the phase-in, non-IG vessels must file at least 10 days before arrival. Ecology Apps
WSMC will continue monitoring Ecology’s implementation and share updates as new guidance is published. If you have questions or need help determining whether your coverage qualifies, please contact the WSMC office.
Dan Smiley
Executive Director
Washington State Maritime Cooperative
dansmiley@wsmcoop.org