DEPARTMENT OF AGRICULTURE

[Filed January 15, 2020, 4:14 p.m., effective February 15, 2020]

Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule-making order amends WAC 16-201-240 by adding pressure testing as an option for inspecting for leaks within the appurtenances of liquid bulk fertilizer storage facilities.

Citation of Rules Affected by this Order: Amending WAC 16-201-240.

Statutory Authority for Adoption: RCW 15.54.800.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 19-21-176 on October 23, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 13, 2020.

AMENDATORY SECTION(Amending WSR 00-23-075, filed 11/17/00, effective 12/18/00)

WAC 16-201-240Maintenance and inspection.

(1) The operator of a fertilizer bulk storage facility shall inspect and maintain storage containers, appurtenances, secondary containment and operational area containment to minimize the risk of a fertilizer release.

(2) The inspection shall include a visual observation for any evidence of leaks, spills, cracks, solar decay or wear. Pressure testing may be used in lieu of visual observation for leaks in liquid bulk fertilizer facilities.

For the purpose of this section, "pressure testing" means a test sufficient to determine the presence or absence of a leak within the appurtenances of a liquid bulk fertilizer storage facility. Such pressure testing must be conducted at a pressure rate exceeding the standard operating pressure of the liquid bulk fertilizer storage facility, and must be conducted in accordance with standards established for the materials of the appurtenances, if such standards have been established.

(((2)))(3) Maintenance of the fertilizer bulk storage facilities shall be performed as needed to ensure that the integrity of the bulk fertilizer storage containers, secondary containment and operational area containment is maintained.

(((3)))(4) Bulk fertilizer storage containers and appurtenances shall be inspected at least once per month when in use. Secondary containment and operational area containment shall be inspected at least once per month when in use.

(((4)))(5) All secondary and operational area containment shall be maintained free of debris and foreign matter.

(((5)))(6) A written record of all inspections and maintenance shall be made on the day of the inspection or maintenance and kept at the storage site or at the nearest local office from which the storage site is administered.

(((6)))(7) Inspection records shall contain the name of the person making the inspection, the date of the inspection, conditions noted and maintenance performed.