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Underground Storage Tank Rule-making


Summary of the 2013 SMS Rule

On February 22, 2013, the Department of Ecology (Ecology) adopted changes to Chapter 173-204 WAC, Sediment Management Standards. The changes will be published in the Washington State Register on March 20, 2013, and become effective on September 1, 2013.   Learn more about the new SMS rule.


Text of Rule Changes


Summary of Rule Changes

The adopted changes to Chapter 173-204 WAC:

  1. Integrate the SMS and Model Toxics Control Act (MTCA), Chapter 173-340 WAC, cleanup requirements where appropriate.
  2. Clarify requirements for protection of human health from sediment contamination.
  3. Clarify requirements for protection of higher trophic level species from sediment contamination.
  4. Promulgate numeric chemical and biological criteria for freshwater sediment to protect the benthic community.
  5. Clarify requirements for coordinating source control and cleanup actions at cleanup sites.

A list of changes between the proposed and adopted rule is attached to the CR 103 Form.


Persons Affected by the Rule Changes

The rule changes affect:

  • Persons who are liable for conducting cleanup of contaminated sediment sites.
  • Persons who are liable for conducting cleanup of upland sites that may impact sediment.
  • Persons who may be exposed to or impacted by contaminated sediment sites.
  • Persons who are responsible for a source or discharge that creates a contaminated sediment site.

Response to Comments on Rule Proposal

Ecology’s response to comments received during the public comment period is now available.  The response is contained within the Concise Explanatory Statement.

The purpose of the Concise Explanatory Statement is to:

  • Provide reasons for adopting the rule.
  • Describe any differences between the proposed and adopted rule.
  • Provide Ecology’s response to public comments on the proposed rule.

This documentation is required by the Administrative Procedure Act (RCW 34.05.325).


Supporting Documentation

The following economic and environmental analyses were performed on the adopted rule changes:


Rule Implementation

Ecology has developed an Implementation Plan for the adopted rule changes.  The purpose of this plan is to inform those who must comply with amended rule how Ecology intends to:

  • Implement and enforce the amended rule.
  • Inform and educate persons affected by the amended rule.
  • Promote and assist voluntary compliance with the amended rule.
  • Evaluate compliance with the amended rule.
  • Train and inform Ecology staff about the amended rule.

This information is required by the Administrative Procedure Act (RCW 34.05.328).


CR 103 Form

Rule Adoption Notice

SMS Rule Revisions FAQ

News Release




Contact:
Chance Asher
360.407.6914