WSR 03-01-007

PROPOSED RULES

POLLUTION LIABILITY

INSURANCE AGENCY

[ Filed December 5, 2002, 9:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-21-056.

Title of Rule: Heating oil tanks, amendment to WAC 374-80-010 Authority and purpose, 374-80-040 Procedures, and 374-80-050 Reimbursement.

Purpose: (1) Amend WAC 374-80-010 Authority and purpose, 374-80-040 Procedures, and 374-80-050 Reimbursement, by removing all references to "informal advice and assistance" and replacing them with the wording of "technical assistance."

(2) WAC 374-80-040(8) will also be amended to remove the requirement that a representative of the agency be present during all site sampling and assessment.

Statutory Authority for Adoption: Chapter 70.148 RCW.

Statute Being Implemented: Chapter 70.148 RCW.

Summary: The amendments to WAC 374-80-010 Authority and purpose, 374-80-040 Procedures, and 374-80-050 Reimbursement, will help to clarify the purpose and scope of the program. The agency will offer informal advice at any time but in order to receive "technical assistance" a fee for service procedure is required. WAC 374-80-040(8) will allow agency staff to review assessments and lab results without having to be present on site during all activity. This will reduce travel and other expenditures and will increase staff effectiveness.

Reasons Supporting Proposal: (1) Amending of the wording helps to clarify the purpose and scope of the program.

(2) In order to improve efficiency and expense control, the agency will be able to review assessments and lab results from site owner selected contractors without having to travel and or be on site during all testing and sampling.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Russell E. Olsen, 1015 10th Avenue, Olympia, WA, 1-800-822-3905.

Name of Proponent: Pollution Liability Insurance Agency, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects of these amendments are minimal. The proposed amendments to WAC 374-80-010 Authority and purpose, 374-80-040 Procedures, and 374-80-050 Reimbursement, will help to clarify the purpose and scope of the program. The agency will offer informal advice at any time but in order to receive "technical assistance" a fee for service procedure is required. The purpose of the program defined by chapter 374-80 WAC will be clearer to the public and therefore much easier for citizens to make a decision regarding participation. The removal of the wording "informal advice" from all aspects of the rule will achieve this clarity. WAC 374-80-040(8) will allow agency staff to review assessments and lab results without having to be on site during all activity. This will reduce travel and other expenditures and will increase staff effectiveness.

Proposal Changes the Following Existing Rules: The changes to the existing rules are limited in scope and nature. The wording "informal advice" will be removed from all areas of WAC 374-80-010 Authority and purpose, 374-80-040 Procedures, and 374-80-050 Reimbursement. This will provide clarity to the rule. WAC 374-80-040(8) will allow agency staff to review assessments and lab results without having to be on site during all activity. This will reduce travel and other expenditures and will increase staff effectiveness.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments do not have any financial impact.

RCW 34.05.328 does not apply to this rule adoption. The amendments proposed do not meet the criteria requiring the agency to meet with RCW 34.05.328. The amendments are to clarify language and agency procedure regarding implementation.

Hearing Location: Pollution Liability Insurance Agency, 1015 10th Avenue S.E., Olympia, WA 98504, on January 22, 2003, at 1800 [6:00 p.m.].

Assistance for Persons with Disabilities: Contact Russell E. Olsen by January 22, 2003, TDD (800) 822-3905 or (360) 586-5997.

Submit Written Comments to: Pollution Liability Insurance Agency, 1015 10th Avenue S.E., Olympia, WA 98504, fax (360) 586-7187, by January 22, 2003.

Date of Intended Adoption: February 19, 2003.

December 3, 2002

Russell E. Olsen

Environmental Specialist III

OTS-6011.1


AMENDATORY SECTION(Amending WSR 97-20-094, filed 9/29/97, effective 10/30/97)

WAC 374-80-010   Authority and purpose.   The purpose of this chapter is to establish a program for providing ((informal advice and)) technical assistance to the owners and operators of active or abandoned heating oil tanks if contamination resulting from a release from a heating oil tank is suspected.

[Statutory Authority: Chapter 70.149 RCW. 97-20-094, 374-80-010, filed 9/29/97, effective 10/30/97.]


AMENDATORY SECTION(Amending WSR 97-20-094, filed 9/29/97, effective 10/30/97)

WAC 374-80-040   Procedures.   (1) The agency will provide, as resources permit, ((informal advice and)) technical assistance to the owners and operators of active or abandoned heating oil tanks if contamination resulting from a release from an active or abandoned heating oil tank is suspected. ((Advice and)) Technical assistance regarding administrative ((and technical)) requirements may include observation of testing, site assessment, as well as review of the results of reports and other appropriate review activities approved by the director.

(2) Such ((advice and)) technical assistance will be provided only upon request by the owner of a heating oil tank. If the operator of a heating oil tank is not the owner, the operator must provide the agency with specific written authorization of the owner before ((advice and)) technical assistance is provided, or before a site is visited by a representative of the agency.

(3) To receive ((informal advice and)) technical assistance under this program, the owner or operator of an active or abandoned heating oil tank must submit an application, provided by the agency, requesting advice and assistance, and agreeing to the terms of the program.

(4) Upon receipt of a request for ((advice and)) technical assistance, the agency will provide the tank owner or operator:

(a) Information regarding procedures for the program;

(b) An application requesting ((advice and)) technical assistance;

(c) An agreement between the tank owner and the agency regarding the procedures and reimbursement requirements of the program((;

(d) Sampling, testing and assessment protocol approved by the director; and

(e) Suggested service provider fee limits for labor, equipment and materials, and for sampling and testing)).

(5) ((Advice and)) Technical assistance provided under the program may include:

(a) Observation of sampling and testing, site assessment or other appropriate assessments scheduled by the tank owner;

(b) Interpretation of the results of testing and/or assessment(s);

(c) A report from PLIA to the heating oil tank owner of the results of testing and/or assessment(s); and

(d) Other appropriate activities approved by the director.

(6) The heating oil tank owner or operator will select a service provider to perform sampling and testing, site assessment or other appropriate assessments. The tank owner or operator will enter into an agreement with the service provider regarding scope or extent of work and fees for services.

(7) ((Advice and)) Technical assistance will be provided only if sampling and testing as well as site assessment are performed in accordance with sampling, testing and assessment protocol approved by the director.

(8) ((Advice and assistance will be provided only if a representative of the agency is present during any and all testing and site assessment activity to ensure that tests are properly conducted, samples properly taken and assessment activities correctly conducted.)) The original copy of the results of all testing and site assessment activities must be forwarded to the agency for review and evaluation.

(9) Upon completion of review and evaluation, the agency will, in writing, inform the heating oil tank owner of the results of review and assessment of data. The agency report will note whether it appears there is or is not contamination present at the site. If contamination is discovered, the report will note whether or not the contamination appears to be a threat to human health and the environment. If the contamination does appear to be a threat to human health and the environment, the heating oil tank owner will be advised of the requirement for corrective action. The determination as to whether or not the contamination appears to be a threat to human health and the environment will be made in accordance with the terms and requirements of the Model Toxics Control Act (Chapter 70.105D RCW) and its regulations (Chapter 173-340 WAC).

[Statutory Authority: Chapter 70.149 RCW. 97-20-094, 374-80-040, filed 9/29/97, effective 10/30/97.]


AMENDATORY SECTION(Amending WSR 97-20-094, filed 9/29/97, effective 10/30/97)

WAC 374-80-050   Reimbursement.   (1) The agency shall collect, from the heating oil tank owner or operator requesting ((advice and)) technical assistance, the costs incurred in providing such advice and assistance.

(2) Funds received by the agency from cost reimbursement must be deposited in the heating oil pollution liability trust account.

(3) Costs incurred that shall be covered in reimbursement may include travel costs and expenses associated with monitoring site assessment, review of reports and analyses and preparation of written opinions and conclusions. The fee for such ((advice and)) technical assistance will be $350.00.

(4) The fee must be paid prior to the agency issuing its report of review and assessment of data.

[Statutory Authority: Chapter 70.149 RCW. 97-20-094, 374-80-050, filed 9/29/97, effective 10/30/97.]

Washington State Code Reviser's Office