On July 18, 2018, the Department of Ecology (Ecology) repealed existing Chapter 173-360 WAC and adopted new Chapter 173-360A WAC, Underground Storage Tank (UST) Regulations. The new chapter modifies and replaces the repealed chapter. The new chapter will be published in the Washington State Register on August 1, 2018, and become effective on October 1, 2018. Ecology will hold three trainings on the changes to the regulations on August 7-9, 2018. For more information, read on.
Purpose of the program
The UST program is one of Washington’s most important pollution prevention programs. Under this program, Ecology regulates and periodically inspects about 9,000 tanks at over 3,300 fueling and other facilities throughout the state to prevent releases of petroleum and other hazardous substances into the environment and ensure any releases are detected and cleaned up.
- Historic releases from USTs constitute about half of all known contaminated sites in Washington.
- The UST program has significantly reduced the number of releases – from several hundred to less than fifty each year. And those that do occur are much less severe.
- Each release that’s prevented by the UST program is another contaminated site that doesn’t require cleanup, which are costly for owners and hinder community and economic redevelopment.
Summary of changes
Ecology repealed existing Chapter 173-360 WAC and adopted new Chapter 173-360A WAC. The new chapter modifies and replaces the repealed chapter. The regulations were modified to:
- Incorporate federal rule changes needed to maintain state program approval, as specified in 40 C.F.R. Parts 280 and 281 (such as new operation and maintenance requirements for UST systems and requirements for field-constructed tanks and airport hydrant systems).
- Integrate changes to the state statute that authorizes the program, Chapter 90.76 RCW (such as licensing requirements for UST systems).
- Update other requirements governing the program (such as UST service provider requirements).
- Streamline rule requirements, improve rule clarity, and improve consistency within the rule and with other state and federal laws and rules (such as reorganizing the rule).
The text of the new rule, and a summary of changes to the repealed rule, are available on our web page: https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-360-Mar16.
The new rule becomes effective on October 1, 2018.
The rule changes may impact persons who:
- Own or operate UST systems.
- Provide services to owners and operators.
- Deliver product to, or collect waste oil from, UST systems.
- Provide pollution liability insurance for UST systems.
- Conduct training for operators of UST systems.
Response to comments
Ecology has developed a Concise Explanatory Statement that:
- Provides reasons for adopting the changes to the rule.
- Describes differences between the proposed and adopted rule.
- Provides Ecology’s response to public comments on the proposed rule.
The document can be downloaded from: https://fortress.wa.gov/ecy/publications/SummaryPages/1809059.html.
You can view the public comments Ecology received at: http://cs.ecology.commentinput.com/?id=usNx2.
Ecology has developed an Implementation Plan that describes how we intend to implement the changes to the rule. The document can be downloaded from:https://fortress.wa.gov/ecy/publications/SummaryPages/1809060.html.
Ecology will hold three trainings on the changes to the rule. The trainings are intended primarily for UST service providers, but will also be useful for UST owners and operators. The trainings will begin with a presentation, followed by a question and answer session.
- August 7, 2018, at 9:00 am (in person only)
Department of Ecology
Eastern Regional Office
4601 N Monroe Street
Spokane, WA 99205
- August 8, 2018, at 9:00 am (in person only)
Department of Ecology
Northwest Regional Office
3190 160th Ave. SE
Bellevue, WA 98008
- August 9, 2018, at 9:00 am (in person or by webinar)
Department of Ecology
Southwest Regional Office
300 Desmond Dr. SE
Lacey, WA 98503
This is an online meeting forum that you can attend from any computer using internet access. To join the webinar, click on the following link for more information and instructions:https://watech.webex.com/watech/j.php?MTID=maabe201f82dc5888b7f8c6dd0531a75e. For audio only, call US toll number +1-240-454-0887 and enter access code 801 746 236. Or to receive a free call back, provide your phone number when you join the event.
- View adoption notice (CR103 Form) at: http://ecykenstaging/Asset-Collections/Doc-Assets/Rulemaking/TCP/WAC173-360A_-16-02/Rulemaking-Adoption-Notice-(WAC-173-360;-WAC-173-3.
- View repeal of existing UST Regulations, Chapter 173-360 WAC, at: http://ecykenstaging/Asset-Collections/Doc-Assets/Rulemaking/TCP/WAC173-360A_-16-02/Repealed-rule-language-(WAC-173-360;-WAC-173-360A).
- View new UST Regulations, Chapter 173-360A WAC, at: http://ecykenstaging/Asset-Collections/Doc-Assets/Rulemaking/TCP/WAC173-360A_-16-02/Adopted-rule-language-(WAC-173-360;-WAC-173-360A).
- To learn more about the changes to the rule, visit: https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-360-Mar16.
- For information about the UST program, visit: https://ecology.wa.gov/Spills-Cleanup/Contamination-cleanup/Underground-storage-tanks.
- To get updates about the UST program, sign-up for email notices at: http://listserv.ecology.wa.gov/scripts/wa-ECOLOGY.exe?A0=ECOLOGY-UST-RULE.
If you have questions about the UST program or need technical assistance, please contact:
Department of Ecology
P.O. Box 47600, Olympia, WA 98504-7600
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, call Ecology at 360-407-7668 or visit https://ecology.wa.gov/accessibility. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.
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UST & LUST Coordinator
Toxics Cleanup Program
Washington Department of Ecology