Chapter 173-360 WAC – Underground Storage Tank Regulation (current rule)

Underground Storage Tank (UST) Rule Revision

A brief history of UST regulations

• In the mid-1980’s, Congress passed a series of laws intended to protect human health and the environment by regulating USTs containing petroleum and other hazardous substances.
• In 1988, EPA adopted regulations establishing a federal UST program and minimum requirements for delegating federal authority to states.
•  In 1989, the Washington State legislature passed an Act requiring the Department to Ecology to establish an UST program that, at a minimum, meets the requirements for delegation of the federal UST program and is consistent with and no less stringent than the requirements in the federal regulations (chapter 90.76 RCW).
• In 1990, Ecology adopted regulations establishing a state UST program pursuant to the legislature’s direction (chapter 173-360 WAC). 
• In 1993, EPA approved Washington State’s UST program.  Washington State was one of the first states in the nation to be granted state program approval for compliance and enforcement.
• In 1991, 1995, and 1998, Ecology made several minor revisions to the UST regulations, mostly governing the administration of the program (such as compliance tags and tanks fees).
• In 2005, United States Congress passed and President Bush signed into law the Federal Energy Act.  The Act included new requirements for federal and delegated state UST programs.
• In 2007, the Washington State legislature amended chapter 90.76 RCW to incorporate changes required under the Federal Energy Act of 2005.

Why is Ecology revising the UST regulations?

The UST Regulations (chapter 173-360 WAC) are being revised to:  

1. Comply with new federal requirements adopted by Congress in the Federal Energy Policy Act of 2005.
   
   The United States Congress passed and President Bush signed the Act into law in 2005.  Among many other things, this federal law requires the U.S. Environmental Protection Agency and delegated state agencies to adopt new requirements for their UST programs.  Some of the new requirements include:



• An operator training program.
• Providing more specific direction for how to operate and maintain cathodic protection systems.
• Secondary containment and interstitial monitoring for new or replacement UST system components (double walled tanks and piping, and under dispenser containment sumps).
  


2. Improve the effectiveness of the UST program based on twenty years of experience.




Some of those improvements include:

• Requiring the development of operation and maintenance plans for all UST systems.
• Providing more specific direction for how to operate and maintain cathodic protection systems.
• Modifying requirements governing the temporary closure of UST systems, including what must be done to remove systems from service, what requirements apply while systems are out of service, and what must be done to return systems to service.
• Clarifying financial responsibility requirements governing retroactive coverage and maintenance during temporary closure.
• Allowing use of site assessments to either reset retroactive dates or to suspend financial responsibility while UST systems are temporarily closed.
• Incorporating from guidance minimum requirements for site assessments.




3. Improve the clarity and usability of the rule.

Where is Ecology currently in the rule-making process?

Ecology is currently drafting preliminary rule language and is seeking comments from interested persons on Parts 5-9 of the rule (see below). Upon completing drafts of Parts 1-4, Ecology will submit those Parts for review and comment as well. The comments received during this informal process will be evaluated and integrated into the proposed rule that will be filed with the code reviser’s office and submitted for formal public review and comment.

Informal Comment Period #1 on Preliminary Draft Rule (October 13 – November 12, 2010)  CLOSED

• What is Ecology seeking comment on at this time? Ecology is seeking comments on its preliminary drafts of Parts 5-9 of chapter 173-360 WAC. The drafts, along with supporting documents are attached below.
  


1. Table of Contents and Crosswalk of Sections
   
   
2. List of Significant Changes in Parts 5 through 9
   
   
3. Preliminary drafts of Parts 5 through 9:
   
   Part 5 – Operator training requirements
   Part 6 – Release confirmation and cleanup requirements
   Part 7 – Closure requirements
   Part 8 – Service provider requirements
   Part 9 – Financial responsibility requirements
   
   

To further aid your review, here are links to the current UST statute (chapter 90.76 RCW) and UST regulations (chapter 173-360 WAC).

• What form should I use to provide comments? We request that you use the following form to provide comments on specific sections: Comment Form.  Use of this form will enable us to better understand and address your concerns. If you choose not to use this form, please provide the following equivalent information:



1. The section or subsection to which your comment applies.
   


2. The problem you identified in that section or subsection.
   


3. Your proposed solution to the problem, including as appropriate any alternative rule language.
   


• How should I submit comments to Ecology? Please submit your comments by one of the following methods:



1. By e-mail:   Russ.Olsen@ecy.wa.gov



2. By mail at the following address:


Russ Olsen
Department of Ecology
Toxics Cleanup Program
3190 - 160th Ave S.E.
Bellevue, WA 98008-5452


• By when do I need to submit comments to Ecology? If you have any comments, please submit them by the close of business on November 12, 2010.  CLOSED

Informal Comment Period #2 on Preliminary Draft Rule (Dates to be determined)

Ecology is currently working on completing preliminary drafts of Parts 1-4 of chapter 173-360 WAC. Upon completion and internal review of those drafts, Ecology will submit those parts for your review and informal comment. Stay tuned!