WSR 16-07-157 PREPROPOSAL STATEMENT OF INQUIRY DEPARTMENT OF ECOLOGY [Order 16-02—Filed March 23, 2016, 10:49 a.m.]
Subject of Possible Rule Making: The department of ecology (ecology) plans to amend chapter 173-360 WAC, Underground storage tank (UST) regulations. As part [of] the rule making, ecology plans to:
1. Incorporate federal rule changes needed to maintain state program approval, as specified in 40 C.F.R. Parts 280 and 281 and adopted in June 2015.
2. Incorporate changes to the state's UST program specified in the authorizing state statute, chapter 90.76 RCW.
3. Make other selective changes to the requirements governing the state's UST program (such as updating UST service provider requirements).
4. Streamline rule requirements, improve rule clarity, and improve consistency within the rule and with other state and federal laws and rules.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 90.76 RCW, Underground storage tanks.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology is conducting the rule making to:
1. Maintain federal approval of the state's UST program, as required by the authorizing state statute, chapter 90.76 RCW.
2. Implement changes to state's UST program specified in the authorizing state statute, chapter 90.76 RCW.
3. Reduce the number and severity of releases of petroleum and other hazardous substances from UST systems, which pose a serious threat to human health and the environment, including drinking water.
4. Make the rule easier to use and understand by the regulated community.
The rule making is intended to accomplish the following:
1. Federal approval of the state's UST program.
2. Compliance with the authorizing state statute, chapter 90.76 RCW.
3. Reduction in the number and severity of releases of petroleum and other hazardous substances from UST systems, and the threat posed by those releases to human health and the environment, including drinking water.
4. Rule that is easier to use and understand by the regulated community.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The U.S. Environmental Protection Agency (EPA) establishes requirements for state program approval and regulates UST systems in states without approved programs and in Indian country. Washington has a federally approved UST program. Ecology will consult with EPA and provide opportunities to review rule language throughout the rule-making process to ensure the state's rules are at-least-as-stringent-as the federal rules and meet the requirements for state program approval. Ecology will work closely with other interested state and local government agencies and encourage them to provide input during the rule-making process.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act, chapter 34.05 RCW.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can stay informed about the rule making and public involvement opportunities by:
1. Visiting the agency web page at http://www.ecy.wa.gov/programs/tcp/regs/wac173360/1602ov.html.
2. Signing up to receive e-mail notices at http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-UST-RULE.
3. Contacting the Rule[s] Coordinator, Scott O'Dowd, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7195, fax (360) 407-7154, e-mail USTrule@ecy.wa.gov.
Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
March 23, 2016
Jeff Johnston, Manager
Information and Policy Section
Toxics Cleanup Program
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