PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-11-059.
Title of Rule: Revision of chapter 16-201 WAC, rules relating to secondary and operational area containment for bulk fertilizer storage facilities.
Purpose: To revise chapter 16-201 WAC to address issues and concerns raised since implementation of the original rule in 1994.
Statutory Authority for Adoption: RCW 15.54.800.
Statute Being Implemented: Chapter 15.54 RCW.
Summary: The proposed revisions are the result of recommendations received from an advisory committee established by the department in December 1999. The committee was comprised of the following persons: Scott McKinnie, Farwest Agrichemical Association; Ken Cowdrey, Wilbur-Ellis Company; Fred Morscheck, The McGregor Company; John Massey, Western Farm Service; Ernie Fontana, Unocal Agricultural Products; Gaylin Davies, Cenex Harvest States; Don Page, Simplot Soilbuilders; Peter Collard, C.F. Industries, Inc.; Ron Hawkins, UAP Northwest; Dennis Anderson, Nexus Ag Chemical, Inc.; Elliot Zimmerman, Washington State Department of Ecology; and Gretchen Bork, Washington Association of Wheat Growers.
The task of the committee was to thoroughly review the current rules, discuss any concerns or issues and make recommendations to the department regarding any necessary revisions to the rule. The committee held its final meeting on August 2, 2000. The following proposals are a result of the recommendations of the committee, department personnel input and input by the Washington State Department of Health (DOH):
WAC 16-201-010 Definitions, "Approved air gap" is a new definition added because of changes to WAC 16-201-220. This definition is virtually identical to the definition found in WAC 246-290-490 and regulated by the Department of Health. The only difference is the removal of the word "potable" in order that the definition apply to all water sources.
"Approved reduced pressure principle backflow prevention assembly (RPBA)" is a new definition added because of changes to WAC 16-201-220. This definition was supplied to the department by the Department of Health.
"Certified engineer" is a new definition added because the term occurs in the rule and currently is not defined.
"Not technically feasible" is a new definition added because the term occurs in the rule and currently is not defined.
"Operational area" is an existing definition that has been revised to be consistent with other definitions (Permanent storage facility).
"Permanent storage facility" is an existing definition that has been revised to clarify the intent of the original rule. In addition, "Temporary field storage" has been removed from this definition and defined on its own.
"Rinsate" is an existing definition that has been revised to include recovered sedimentation, washwater, contaminated precipitation, or other contaminated debris. This is in keeping with the intent of the original rule.
"Secondary containment" is an existing definition that has been revised to be consistent with other definitions (Permanent storage facility).
"Storage container" is an existing definition that has been revised to:
(1) Ensure that "intent" is addressed in determining if a container is a "storage container."
(2) Reduce the number of days a mobile container can be exempt from the definition (from 30 to 15 days).
(3) Clarifies that the definition of a storage container does not include underground storage tanks or surface impoundments. This is consistent with the intent of the original rule.
"Substantially similar protection" is a new definition added because the term is found in the rule and currently is not defined.
"Temporary field storage" is a term that originally was addressed within the definition of "permanent storage facility." It was moved for purposes of clarification.
WAC 16-201-020, 16-201-040, 16-201-050, 16-201-070, 16-201-080, 16-201-200, 16-201-240, 16-201-250 and 16-201-260, the changes to these sections are housekeeping changes only. The revisions make the sections compatible with defined terms.
WAC 16-201-028, this section has been revised to combine pertinent sections of the current rule regarding secondary containment walls and floors. It also adds language developed by the committee to address how walls and floors shall be constructed. This language is in keeping with the intent of keeping the rule performance-based.
WAC 16-201-029 (new section), this section was created to address earthen walls only. The language is the same as existing language found in WAC 16-201-028 and 16-201-030.
WAC 16-201-030, this section has been revised to contain only those sections of the current rule regarding secondary containment lining. There is no actual change to the language.
WAC 16-201-031 (new section), this section was created to address only secondary containment floors and lining. It contains the pertinent sections of the current WAC 16-201-030.
WAC 16-201-060, this section has been revised to allow comingling of materials within secondary containment (a position the committee agreed upon) as long as it does not create a hazard to humans or the environment.
WAC 16-201-110, this section has been revised to clarify that original intent of the rule that liquid fertilizer may not be stored underground or in surface impoundments. It also adds fertilizer spills or rinsates as other material that may not be stored underground or in surface impoundments. The committee could not arrive at a consensus regarding the issue of spill and/or rinsates being stored in surface impoundments. It is the department's opinion that to comply with the intent of the rule to protect the environment, spills and/or rinsates should be stored in storage containers located within secondary containment.
WAC 16-201-120, this section was revised with additional requirements regarding the posting and reintroduction to service of abandoned storage containers. This language was added at the requests of the committee.
WAC 16-201-130, this section was revised to clarify when storage containers shall be secured. There was much discussion among committee members regarding the need for this section given the language found in WAC 16-201-100. There was also discussion regarding the potential for department misuse of its enforcement discretion in this area. The department determined that the language is necessary and that the language in WAC 16-201-100 would not substitute for it.
WAC 16-201-170, this section was revised to add the date the temporary field storage was put in place. This was added in an effort to assist department staff in more easily determining if temporary field storage is in compliance with the 21-day location restriction.
WAC 16-201-180, this section was revised to add language requiring any owner of temporary field storage to supply the department with the identifying number and location. The requirement to have an identifying number already exists in current WAC 16-201-170 and the requirement to supply the department with the location of temporary field storage already exists in current WAC 16-201-010(10). Subsection (5) was added at the request of the committee who agreed with the department that there was no reason for such requests to go through an advisory group review.
WAC 16-201-190, this section was revised to use language similar to that found in the proposed WAC 16-201-028 and to make housekeeping changes to make the section compatible with defined terms.
WAC 16-201-220, this section was revised after receiving comment from the Department of Health (DOH). The language is consistent with language in chapter 246-290 WAC. It continues to meet the intent of protecting source water from contamination. Proposed definitions for "approved air gap" and "approved RBPA" are found in the definition section WAC 16-201-010.
WAC 16-201-230, this section was revised to address spills and rinsates only. It clarifies when rinsate must be removed from an operational area sump and makes it clear, where it is not currently clear, that all recovered spill and rinsates in excess of five hundred gallons must be contained in a storage container located within secondary containment. It also adds the requirement that the storage container be labeled to identify the content. Again, this was the subject of much discussion by the committee and no consensus was reached. The department feels that in keeping with the intent to protect the environment, placing the storage container within secondary containment is a reasonable and prudent thing to do.
WAC 16-201-270, this section was revised to eliminate all the compliance dates that have already passed. In addition, in an attempt to mitigate the impact of WAC 16-201-110 and 16-201-230(4) on small businesses, the compliance date for these sections has been set December 31, 2001.
WAC 16-201-280, the section was revised to allow the department some discretion regarding the necessity of requesting an advisory group to review a permit request prior to making a decision. It also allows the advisory group or the permit requester to ask that the advisory group review the request prior to a final decision by the department.
Reasons Supporting Proposal: The proposal is the result of numerous meetings with an advisory committee comprised of representatives of small and large bulk fertilizer facilities, agricultural producers, nonagricultural fertilizer users, [and the] Washington State Department of Ecology. The revisions address a number of issues that have arisen since implementation of the rule in 1994.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ted Maxwell, Olympia, (360) 902-2026.
Name of Proponent: Washington State Department of Agriculture, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 16-201 WAC addresses primary and secondary containment requirements for bulk fertilizer. The primary purpose of the rule is to protect the environment (particularly groundwater) from contamination in the case of an accidental discharge of fertilizer from a bulk fertilizer storage facility. The rule, which went into effect in 1994, went through a routine review by a committee appointed by the director. The committee made a number of recommendations regarding needed revisions to the rule. In addition, the department received comments from the Washington Department of Health regarding the section of the rule pertaining to backflow prevention. See Summary above.
Proposal Changes the Following Existing Rules: See Summary above.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Analysis Results: As shown in Table 4 of the report, the compliance cost for a representative small business over the analysis period is estimated to be approximately $273 per employee. The compliance cost for a large business over the same time period is estimated to be $6 per employee. Therefore, the compliance cost burden from rule revisions is greater for a small business than for a large business and a disproportionate compliance burden exists for small businesses.
These results arise primarily from small businesses having to install new secondary containment areas for rinsates that previously had no secondary containment or small businesses adding to their existing containment areas. The large businesses on the other hand, could usually accommodate rinsate in their already existing and proportionally larger secondary containment storage areas.
Mitigation: As indicated above, the proposed rule revisions
will result in a disproportionate compliance cost burden for
small Washington businesses required to provide secondary
containment for fertilizer rinsates. As a result, mitigation
measures will include: A one year lag in compliance dates; a
requirement for secondary containment only if a company stores
greater than five hundred gallons of rinsate; and technical
assistance for finding other ways to manage rinsate.
A. Regulatory Context.
Regulatory Fairness Act: The purpose of this study, requested by the Washington State Department of Agriculture (WSDA), is to ensure that the proposed revisions to chapter 16-201 WAC comply with the Regulatory Fairness Act (chapter 19.85 RCW). The Regulatory Fairness Act (RFA) requires that rules promulgated by state agencies under the Administrative Procedure Act be examined for their impact on small businesses (fifty or fewer employees). The purpose of the RFA is to ensure that proposed rules do not place a disproportionate burden on small businesses relative to the burden they place on large businesses. RFA compliance analysis must be documented in a small business economic impact statement (SBEIS). This SBEIS documents the analysis and results for proposed revisions to chapter 16-201 WAC. Appendix A contains additional discussion of RFA requirements.
Economic Policy Act: The Economic Policy Act (chapter 43.21H RCW) requires all state agencies and local government entities to ensure economic values are given "appropriate consideration" in development of rules. Under the Economic Policy Act, "economic values" can be interpreted to include impacts associated with employment, income, production, growth, development, and similar attributes. While the Economic Policy Act does not require that proposed rules be modified to lessen economic effects, the effects must be considered during the rule-making process. To the extent that economic impacts of the rule revisions are the focus of this analysis, and to the extent that WSDA has conducted extensive interaction with affected industries through a variety of forums (see Appendix A for a summary of industry interaction), economic values have been given appropriate consideration in the rule-making process for chapter 16-201 WAC.
B. Summary of Rule Revisions.
Chapter 15.54 RCW grants the Washington State Department of Agriculture (WSDA) authority to protect groundwater and regulate the storage of fertilizers in Washington. During a routine rules review the department has proposed that the portion of this rule that stated fertilizer rinsates must be contained, be clarified to state that fertilizer rinsates must be stored in containers located within secondary containment.
The WSDA has proposed rule revisions to be adopted by the
end of December 2000.
| Table 1 Major Proposed Revisions to chapter 16-200 [16-201] WAC |
|
| ⧫ ⧫ ⧫ |
Requires storage of fertilizer rinsates in approved
containers (WAC 16-201-230). Requires secondary containment of stored fertilizer rinsates (WAC 16-201-230). Clarification of rinsate definition to include: Recovered sedimentation, washwater, contaminated precipitation, or other contaminated debris (WAC 16-201-010), previously explained in the rinsate management section of the rule. |
Compliance costs could be incurred by a variety of industries as a result of the proposed rule revisions. Primary impacts would be borne by companies that store bulk fertilizers - generally producers, blenders, or storage facilities of bulk commercial fertilizers. These businesses are engaged in the storage, production, or blending of bulk fertilizers and/or fertilizer components.
Bulk fertilizer storage facilities, bulk fertilizer producers and blenders are generally categorized in Standard Industrial Classification (SICs) codes 0711, 0721, 0782, 1475, 2873, 2874, 2875, 2879, 4221, 4226, 5169, and 5191. According to WSDA data, there are approximately 276 business establishments in these SIC classifications that are licensed to distribute fertilizer. Storage facilities may not be licensed as distributors if they only store bulk fertilizers for others and are not involved in financial transactions pursuant to the distribution of the bulk fertilizers they control only as intermediate transport/storage facilities. However, all businesses that store bulk fertilizers must comply with WSDA's secondary containment rules.
For all businesses surveyed, potential compliance cost burdens created by rule revisions could include additional administrative time to understand the rule, secondary containment area design, consulting, secondary containment building materials and labor costs to install such containment area and potential county permit costs. Other industry characteristics are shown below in Table 2.
It should be noted that "industry" within the context of the Regulatory Fairness Act denotes businesses within a four-digit SIC code (or three digit SIC code if confidentiality laws would be violated with release of data). However, to meet the intent of the Regulatory Fairness Act and to be consistent with past guidance received from CTED's (Washington Department of Community, Trade and Economic Development) Business Assistance Center on prior SBEISs, a subset of these four-digit industries was evaluated through surveying. Therefore, the combination of four-digit Employment Security data and sub-four-digit SIC survey data used in this analysis goes beyond the strict requirements of the Regulatory Fairness Act and includes a greater degree of industry specificity than required in the statute.1 For discussion purposes, these greater-than-four-digit SIC groups are still referred to as affected "industries" in this analysis.
| Table 2 Select Industry Characteristics |
|
| ⧫ ⧫ ⧫ |
Firms may hire full-time and part-time or seasonal
employees, however, survey participants were asked
to provide the number of full-time equivalent
employees (FTEs) to allow for business-to-business
size comparisons (i.e., "small" vs. "large"
categorization). The size of businesses varies from sole proprietors with one employee, to large firms with hundreds of employees located in Washington. Most businesses either already store their fertilizer rinsates within their secondary containment or manage their fertilizer rinsates in a manner that does not require on site storage (i.e., rinsing of equipment, and/or reuse as make-up water for a fertilizer application at agronomic rates in the field). |
A. Likely Industry Response to Proposed Rule.
The first step was to anticipate how affected companies would respond to the rule revisions. Based upon information provided by surveyed businesses, the first action undertaken by a business will likely be to learn more about the rule revisions, such as whether the rule revisions apply to its facilities and what actions would need to be taken to comply. Assuming that a business needs to enhance or add a secondary containment area to comply with the rule revisions, the next step in the compliance process requires locating a contractor and/or a company designing and installing secondary containment for rinsates that meet the requirements in chapter 16-201 WAC. These impacts and their associated cost components are identified in Table 3. Learning about the revised rule, installation of additional containers, installation of additional secondary containment capacity includes materials, labor, permitting, and a variety of other costs.
B. Data from Small and Large Businesses in Affected Industries.
Once affected industries were identified and their anticipated responses to the rule revisions were estimated, data were gathered to estimate impacts. Data were provided through three primary sources: WSDA, Washington State Employment Security Department, and affected businesses that were surveyed. WSDA provided a variety of information, including identification of regulated business. Employment Security provided employment information by business within the designated SIC codes.
In addition to these data sources, potentially affected businesses were surveyed. A total of forty-four industry firms were contacted for information; thirty-six of these businesses provided information that could be used to estimate compliance costs. This sampling of businesses included small and large businesses, located throughout Washington, potentially affected by the proposed rule revisions. It is noteworthy that industry participants often provided relatively similar information in response to survey questions. The relative uniformity in certain responses may suggest that a degree of confidence could be inferred from the responses that would normally be reserved for much larger sample sizes.
C. Differential Regulatory Compliance Cost for Small Versus Large Businesses.
To differentiate between impacts on small versus large
businesses, regulatory compliance costs were evaluated for actual
small firms and the large firms within each of the affected
industries. These costs were then divided by the estimated
number of FTEs that the average surveyed large and small firm
employs. Comparison of regulatory compliance cost per employee
for small and large businesses was then used to determine whether
a disproportionate economic burden would exist for small
businesses and to estimate the magnitude of any disproportionate
burden.
Because of the large impact to small businesses that currently do not have secondary containment and/or have secondary containment that is inadequate in capacity to add rinsate storage protection, the proposed rule revisions will have a disproportionate economic impact on small businesses in affected industries. As Table 4 shows, cost impacts of proposed rule revisions are estimated to vary for small and large firms depending on the size of storage facility and how they choose to manage their rinsates. Results for small and large businesses are discussed in more detail below.
| Table 3 -- SBEIS Impacts Matrix -- | ||||||
| # | Potential Impact | Rule Revision Reference | Type of Impact | Potential Cost/Revenue Impacts | ||
| 1 | Rule revision education | NA | Cost to understand rule and determine applicability | Owner/Compliance Manager time | ||
| 2 | Require spills/rinsates in storage containers | 16-201-230(4) | Cost increase from storage container purchase and installation | Cost for finding contractor (time), container cost (capital cost), installation and preparation (time & materials), ongoing maintenance (time & materials), recordkeeping and inspection (time & materials) | ||
| 3 | Require spills/rinsates in secondary containment | 16-201-230(4) | Cost increase from secondary containment installation | Cost for finding contractor (time), permits/fees, containment cost (capital or materials cost), installation and preparation (time & materials), ongoing maintenance (time & materials), recordkeeping and inspection (time & materials) | ||
B. Disproportionate Economic Burden Evaluation.
As shown in Table 4, below, the compliance cost for a
representative small business is estimated to be $273 per
employee. The compliance cost for a large business over the same
time period is estimated to be $6 per employee. Therefore, the
compliance cost burden from rule revisions is greater for a small
business than for a large business, and a disproportionate
compliance burden exists for small businesses.
| Table 4 | Summary of Economic Impacts |
|
| Source of Impact | Estimated Average Cost for Typical Small Business | Estimated Average Cost for Typical Large Business |
| Education/Research into Rule Applicability | $62.92 | $437.78 |
| Tank Purchase | $128.31 | $813.89 |
| Costs of Additional Secondary Containment | $2,992.04 | $0.00 |
| Total Rule Revision Cost | $3,183.27 | $1,251.67 |
| Average Number of Full-Time Employees | 11.7 | 216.3 |
| Total Rule Revision Cost Per Employee | $273.15 | $5.79 |
Analysis of survey results showed that it was generally true that larger businesses had existing secondary containment areas. The analysis also showed that large businesses almost always had secondary containment areas large enough to incorporate rinsate storage into their existing facility at no additional cost. Conversely, small businesses were mostly found to have no or small secondary containment areas that would need expansion or reconstruction in order to accommodate rinsate storage. In addition, small businesses that had not planned for rinsate storage originally within their secondary containment area may have a large cost now to rebuild permanent secondary containment structures. Large businesses, on the other hand, often overbuilt secondary containment at the outset of this rule seven years ago to accommodate future expansion needs. This fore-planning ability and choice by many large businesses resulted in a much lower estimated impact to large businesses in this analysis.
IV. Mitigation.
As the above analysis demonstrates, the proposed rule revisions are anticipated to result in a disproportionate compliance cost burden for small Washington businesses required to store rinsates in containers located within secondary containment. As a result, the department has chosen to mitigate potential impacts from these rule revisions through a number a [of] measures.
The first mitigation measure would allow a one-year period for compliance with this portion of the revised rule. The department has added a compliance date in WAC 16-201-270 to allow businesses an additional year to come into compliance with this portion of the rule. The department feels that one year for compliance is adequate as the current rule has been in place for seven years and the requirement for secondary containment of rinsates was already implied, though not clear, in the current rule. In addition, the department met with members of this industry and others to review the current rule over the last nine months and the industry is in support of this change.
The second mitigation measure would limit the requirement for secondary containment of rinsates to when storage of rinsates exceeds five hundred gallons (WAC 16-201-230(4)). Based upon WSDA data, it is estimated that this mitigation measure would eliminate at least half of the small businesses that would otherwise incur substantial cost impacts because of the rule revisions. This mitigation measure would particularly reduce the impact on the smallest affected businesses.
The third mitigation measure would be WSDA's commitment to provide technical assistance to companies to find alternative ways to manage rinsates. Appropriate management techniques could reduce stored rinsate volumes below the five hundred gallon threshold identified above, or could result in elimination of rinsate generation altogether. In either case, previously impacted businesses would be able to effectively eliminate the storage and containment cost impacts created by the rule revisions.
These mitigation measures have been included to lessen the compliance cost burden on small businesses. It should be noted that the department met with members of this industry and others to review the current rule over the last nine months and received strong support for the proposed rule revisions. The department conducted an informal survey of committee members during the rules review and the majority was in favor of this rule revision. The majority of industry expressed to the department that they thought secondary containment of rinsates was already required. Industry and the Department of Ecology representatives also expressed concerns for the environment if this proposed rule requiring rinsate storage in secondary containment was not adopted.
Aside from the above mitigation measures, WSDA firmly believes that the rule cannot be further modified to lessen compliance requirements without undermining the overall intent of the rule revisions as well as the original rule they seek to clarify. The department is supported in this portion of the rule by the fertilizer industry and the Department of Ecology.
1 A subset of a four-digit SIC is effectively an SIC classification greater than four-digit. To illustrate, wholesale fertilizer distributors are
classified in SIC 5191 - Farm Supplies. While this 4-digit industry classification includes wholesale fertilizer distributors, it also includes
wholesalers of alfalfa, flower bulbs, pesticides, and hay. In this case, wholesale fertilizer distributors were chosen as the relevant industry
subgroup to analyze. Similar industries subgroups were identified for other potentially affected industries.
The RFA requires all rules that impose "more than minor costs" on industry businesses to be evaluated and, if necessary, altered to minimize their impact on small business. An analysis of compliance costs must be completed and documented in a small business economic impact statement (SBEIS) if: (1) A proposed rule meets or exceeds this "more than minor" criterion, or if (2) the Joint Administrative Rules Review Committee (JARRC) requests an SBEIS for a proposed rule. A state agency may independently decide to complete an SBEIS. This SBEIS was independently requested by the Washington State Department of Agriculture, although it is possible that the "more than minor" criterion may also be applicable for certain industries analyzed in this SBEIS.
The RFA establishes specific analyses and necessary elements for inclusion in an SBEIS. Among other requirements, the SBEIS must include a brief description of the compliance requirements of the rule, a description of the professional services needed by small businesses to comply with the rule, an analysis of the compliance cost for small business, and a comparison of the compliance cost for small and large businesses. A basis of comparison must be chosen from: Cost per employee, cost per hour of labor, cost per $100 of sales, or any combination of these three measures.
Based upon the extent any disproportionate impact is anticipated to occur for small businesses from the proposed rule, the agency must reduce the costs on small businesses (where legal and feasible in meeting the stated objective of the statutes upon which the rule is based). Mitigation can be accomplished in a number of ways, such as establishing differing compliance or reporting requirements for small businesses, clarifying or simplifying the compliance requirements for small businesses, delaying compliance timetables, exempting small businesses from any or all of the rule requirements, or similar measures.
Secondary Containment Construction And Surveyed Actual Cost Impacts: A survey of actual construction costs or purchase of rinsate tanks and secondary containment materials and labor was completed by the department prior to surveying the industry of their estimated cost impacts from this revised rule proposal. The survey included costs of several viable materials for construction, different size and type of tanks and installation and permit costs. This survey was done to verify the reasonableness of cost estimates.
Conservative Approach: The analysis undertaken to estimate compliance cost impacts was generally "conservative" in its approach. Assumptions were typically chosen that would result in showing greater compliance cost impacts for affected industries. Using this approach provided an additional degree of certainty that estimated compliance costs would generally be no greater than estimated in the analysis. Specific assumptions implementing this conservative approach included (but were not limited to):
| • | Using average secondary containment construction materials and labor cost estimates, as opposed to using the lowest cost materials. Businesses were given the opportunity to respond to the survey questions by stating how they would likely comply with the rule, such as by building extra space into newly constructed secondary containment to be more prepared next time if they expand their business or have an extreme storm event. However, many affected businesses would realistically choose the lowest cost construction approach allowable by the proposed rule revisions. |
| • | Including costs to read and understand the rule, standard "high-end" permit costs and labor costs even though true costs may be significantly less. |
| • | All committee members had the opportunity to review and comment on all rule draft proposals and the committee as a whole supports the change requiring secondary containment of stored fertilizer rinsates. |
| • | A number of businesses continue to have significant ongoing input by being members of the Secondary Containment Permit Advisory Board. |
| • | Industry representatives helped develop the rinsate definition and management sections of the proposed rule revisions at two separate meetings with WSDA's Technical Policy Advisor, Robin Schoen-Nessa and Program Manager, Ted Maxwell. |
| • | Secondary containment material suppliers provided WSDA with information to identify appropriate construction materials, containment liners, materials options and costs. |
| • | WSDA did an early informal survey of all rules review committee members prior to changing this portion of the rule and received strong support for this clarification in the rule. |
| • | All fertilizer dealers and storage facilities will be notified of the proposed final rule and will have the opportunity to comment on the rule in writing and/or at the public hearing. |
Data Characteristics: As noted in the body of the SBEIS, data used to estimate compliance costs for affected businesses came from three primary sources: WSDA, Washington State Employment Security Department (ESD), and affected businesses that were surveyed. Together, these sources provided forty-four observations for individual businesses. Relevant data characteristics are listed below.
| • | When data were identified both through surveying and ESD/WSDA data sets, they were cross-checked for consistency. Review of cross-checked observations confirmed that the base data were very similar and were likely to be relatively reliable. |
| • | Survey data were generally provided by businesses and supplemental department research of likely costs for construction materials, secondary containment materials, labor costs and permit costs. As a result, most costs estimated represent real world costs, though conservative in that companies would likely search for lower costs when the time for compliance is actually upon them. |
b RCW 19.85.020(1).
| SIC | Indusry/SIC Category | Potentially Affected Industry Component |
| 0711 | Soil Preparation Services | Application of fertilizer for crops |
| 0721 | Crop Planting, Cultivating, and Protecting | Application of fertilizer Retail/Service |
| 0782 | Lawn and Garden Services | Fertilizing of lawns and gardens Retail/Service |
| 1475 | Phosphate Rock | Manufacturing of phosphoric acid and related compounds |
| 2873 | Nitrogenous Fertilizers | Manufacturing of mixed fertilizers made in nitrogenous fertilizer mfg plants |
| 2784 | Phosphatic Fertilizers | Manufacturing of mixed fertilizers made in phosphatic fertilizer |
| 2875 | Fertilizers, mixing only | Mixing of fertilizers not made in fertilizer mfg plants |
| 2879 | Pesticides and Agricultural Chemicals NEC* | Formulation and preparation of agricultural chemicals |
| 4221 | Farm Product Warehousing & Storage | Warehousing and storage of fertilizers |
| 4226 | Special Warehousing & Storage NEC | Petroleum and chemical bulk stations and terminals |
| 5169 | Chemicals and Allied Products NEC | Distribution of chemical and allied products |
| 5191 | Farm Supplies | Distribution of fertilizer and fertilizer materials |
| *NEC: Not Elsewhere Classified. | ||
| Abbreviation | Abbreviated Term |
| CTED | Washington Department of Community Trade and Economic Development |
| ESD | Washington Employment Security Department |
| FTE | Full Time Equivalent employee |
| JARRC | Joint Administrative Rules Review Committee |
| RCW | Revised Code of Washington |
| RFA | Regulatory Fairness Act |
| SBEIS | Small Business Economic Impact Statement |
| SIC | Standard Industrial Classification |
| WSDA | Washington State Department of Agriculture |
| WAC | Washington Administrative Code |
A copy of the statement may be obtained by writing to Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2012, fax (360) 902-2093
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.. WSDA is not a listed agency in section 201.
Hearing Location: DIS Interactive Technologies locations: (1) 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503; (2) North 1101 Argonne, Suite 109, Spokane, WA 99201; and (3) Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902; on November 7, 2000, at 6:30 p.m.
Assistance for Persons with Disabilities: Contact Laurie Mauerman by October 30, 2000, TDD (360) 902-1996.
Submit Written Comments to: Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by November 8, 2000.
Date of Intended Adoption: November 17, 2000.
September 20, 2000
Bob Arrington
Assistant Director
The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires.
(1) "Approved air gap" means a physical separation between the free-flowing end of a water supply pipeline and the overflow rim of an open or nonpressurized receiving vessel. To be an approved air gap, the separation must be at least:
(a) Twice the diameter of the supply piping measured vertically from the overflow rim of the receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces (sidewalls): or
(b) Three times the diameter of the supply piping, if the horizontal distance between the supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter of the supply pipe, or if the horizontal distance between the supply pipe and intersecting vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe and in no case less than one and one-half inches.
(2) "Approved reduced pressure principle backflow prevention assembly (RPBA)" means an RPBA of a make, model and size that is approved by the Washington State Department of Health.
(3) "Appurtenances" means all valves, pumps, fittings, pipes, hoses and metering devices which are connected to a storage container, or which are used to transfer a material into or out of such storage container.
(((2))) (4) "Bulk fertilizer" means commercial fertilizer
distributed in a nonpackage form such as, but not limited to,
tote bags, tanks, trailers, spreader trucks, and railcars.
(5) "Certified engineer" means a licensed professional engineer, registered in the state of Washington in the discipline in which he/she is practicing.
(((3))) (6) "Commercial fertilizer" means any substance
containing one or more recognized plant nutrients and which is
used for its plant nutrient content and/or which is designated
for use or claimed to have value in promoting plant growth, and
shall include limes, gypsum, and manipulated animal and vegetable
manures. It shall not include unmanipulated animal and vegetable
manures and other products exempted by the department by rule:
Provided, That for the purpose of this chapter calcium carbonate
(lime) and anhydrous ammonia are exempt: Provided further, That
this rule does not apply to materials (including but not limited
to compost, biosolids, or municipal sewage sludge), or to
products derived therefrom, which are regulated pursuant to the
provisions of chapter 70.95 or 70.95J RCW, or rules adopted
thereunder.
(((4))) (7) "Department" means the Washington state
department of agriculture.
(((5))) (8) "Discharge" means a spill, leak, or release,
accidental or otherwise, from a storage container, container or
appurtenance. It does not include a fully contained transfer of
fertilizer made pursuant to sale, storage, distribution or use.
(((6))) (9) "Dry fertilizer" means fertilizer in solid form.
(((7))) (10) "Liquid fertilizer" means fertilizer in liquid
form, and includes solutions, emulsions, suspensions and
slurries. Liquid fertilizer does not include anhydrous ammonia.
(11) "Not technically feasible" means compliance is not physically or technically possible or feasible, and/or compliance cannot be achieved without compromising operational safety, and/or significantly compromising operational access. Monetary cost of compliance alone, shall not be sufficient for the department to determine that compliance is not technically feasible.
(((8))) (12) "Operational area" means an area or areas at a
fertilizer bulk permanent storage facility where fertilizers are
transferred, loaded, unloaded, mixed, repackaged, refilled or
where fertilizers are cleaned, washed or rinsed from containers
or application, handling, storage or transportation equipment.
(((9))) (13) "Operational area containment" means any
structure or system designed and constructed to intercept and
contain discharges, including storage container or equipment wash
water, rinsates, and rainwater from the operational area(s) of
fertilizer bulk storage facilities.
(((10))) (14) "Permanent storage facility" means a location
at which undivided quantities of liquid bulk fertilizer in excess
of five hundred U.S. gallons or undivided quantities of dry bulk
fertilizer in ((undivided quantities exceeding)) excess of fifty
thousand pounds is held in storage: Provided, That temporary
field storage is ((allowed)) not considered a permanent storage
facility. ((Effective March 1, 1999, "temporary field storage"
shall mean a primary bulk fertilizer storage container of ten
thousand gallons or less that remains in the same location for no
more than twenty-one consecutive days in any six-month period. Effective March 1, 2004, "temporary field storage" shall mean a
primary bulk fertilizer storage container of ten thousand gallons
or less that remains in the same location for no more than
fourteen consecutive days in any six-month period. Temporary
field storage may be extended upon request by written permit. The department shall be notified in writing, upon request, of the
physical location of all temporary field storage sites. Liquid
bulk fertilizer storage containers directly attached to an
apparatus for the purpose of fertigation are exempt from this
chapter.
(11))) (15) "Primary containment" means the storage of liquid or dry bulk fertilizer in storage containers at a permanent storage facility.
((((12))) (16) "Rinsate" means the liquid generated from the
rinsing of any equipment or container that has come in direct
contact with any fertilizer, including: recovered sedimentation,
washwater, contaminated precipitation, or other contaminated
debris.
(((13))) (17) "Secondary containment" means a device or
structure designed, constructed, and maintained to hold or
confine a discharge of a liquid fertilizer from a permanent
storage facility.
(((14))) (18) "Storage container" means a container,
including a railcar, nurse tank or other mobile container, that
is used or intended for the storage of bulk liquid or dry
fertilizer. It does not include a mobile container at a storage
facility for less than ((thirty)) fifteen days if this storage is
incidental to the loading or unloading of a storage container at
the bulk fertilizer storage facility. Storage container does not
include underground storage containers or surface impoundments
such as lined ponds or pits.
(19) "Substantially similar protection" means alternative containment and management practices that prevent or control releases to the environment to the same or similar degree as the protections afforded by full compliance with this chapter.
(20) "Temporary field storage" means a storage container with the capacity to store ten thousand gallons or less of liquid bulk fertilizer that remains in the same location for no more than twenty-one consecutive days in any six-month period. Effective March 1, 2004, "temporary field storage" shall mean a storage container of ten thousand gallons or less that remains in the same location for no more than fourteen consecutive days in any six month period. Liquid bulk fertilizer application tanks directly attached to an apparatus for the purpose of fertigation are exempt from this chapter.
(((15))) (21) "Washwater" means the liquid generated from
the rinsing of the exterior of any equipment, containers or
secondary containment or operational areas which have or may have
come in direct contact with any fertilizer.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-010, filed 11/2/93, effective 3/1/94.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 5018, filed 11/2/93, effective
3/1/94)
WAC 16-201-020
Secondary containment of liquid bulk
fertilizers -- General requirements.
Primary storage of bulk
liquid fertilizers at a permanent storage facility shall be
located within ((a)) secondary containment ((facility)) designed
to prevent the release of discharged fertilizers. ((A s))
Secondary containment ((facility)) shall consist of:
(1) A wall and liner with a sloped floor as provided in WAC 16-201-028 and 16-201-030; or
(2) A prefabricated facility as provided in WAC 16-201-040.
(3) Secondary containment ((facilities)) in operation prior
to March 1, 1994, which does not have sloped floors shall be
exempt from this section: Provided, That upon alteration to the
((facility)) secondary containment or increase of storage volume,
the ((facility)) secondary containment shall be brought into full
compliance with this section
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-020, filed 11/2/93, effective 3/1/94.]
(1) ((The s)) Secondary containment
((facility)) shall contain at least one hundred twenty-five
percent of the volume of the largest storage container within the
area plus the displacement of all other tanks, appurtenances, and
other items within the containment area: Provided, That
permanent storage facilities that have tanks of one hundred
thousand gallons or greater capacity may use the following method
to meet the capacity requirement: ((The facility)) Secondary
containment shall contain at least one hundred ten percent of the
volume of the largest storage container within the area plus the
displacement of all other tanks, appurtenances, and other items
within the area plus sufficient volume to contain the
precipitation from a twenty-five year, twenty-four hour storm
event.
(2) If the secondary containment ((facility)) is located
indoors or under a roof to prevent accumulation of rainfall, the
area shall contain at least one hundred ten percent of the volume
of the largest storage container plus the displacement of all
other tanks, appurtenances and other items within the containment
area.
(3) Secondary containment ((facilities)) in operation prior
to March 1, 1994, ((and which have)) having a capacity of at
least one hundred ten percent of the volume of the largest
storage container within the area plus the displacement of all
other tanks, appurtenances, and other items within the
containment area shall be considered to be in compliance with
this section: Provided, That upon alteration to the ((facility))
secondary containment or increase of storage container volume the
((facility)) secondary containment shall be brought into full
compliance with the specific capacity requirement of this
section.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-025, filed 11/2/93, effective 3/1/94.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 5018, filed 11/2/93, effective
3/1/94)
WAC 16-201-028
Secondary containment of liquid bulk
fertilizers -- Walls and floors.
(1) The ((walls of a secondary
containment facility shall be constructed of steel, poured
reinforced concrete, precast concrete modules, solid masonry, or
other materials that will provide similar protection. Walls
constructed of earth shall be allowed at storage facilities which
have tanks of one hundred thousand gallons or greater capacity
and at other facilities when a synthetic liner is used. The wall
shall be designed to withstand a full hydrostatic head of any
discharged liquid, and shall be properly sealed to prevent
leakage)) secondary containment floor shall slope to one or more
liquid tight collection points or sumps that allows spilled or
deposited materials to be easily removed.
(2) ((Earthen walls shall have a horizontal to vertical
slope of at least three to one, unless a steeper slope is
consistent with good engineering practice, and shall be packed
and protected from erosion. The top of earthen walls shall be no
less than two feet six inches wide.)) The walls and floor of
secondary containment shall be constructed of steel, poured
reinforced concrete, precast concrete modules, solid masonry, or
other materials or combination of materials that:
(a) Shall be designed to withstand a full hydrostatic head of any discharged liquid;
(b) Shall have sufficient thickness and chemical resistance to contain a release until it is recovered;
(c) Shall be constructed and maintained to a permeability standard of 1X10-6 cm/sec as determined by ASTM test method D-5084 Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter or other test method approved by the department;
(d) Shall have sufficient structural strength to maintain the containment's integrity under normally anticipated loadings;
(e) Shall be chemically compatible with the materials being stored; and
(f) Shall be properly sealed to prevent leakage.
(3) Any piping through the outside walls of ((a)) secondary
containment ((facility)) shall be installed and maintained such
that the structural integrity of the wall is preserved and in
such a manner as to prevent leaks.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-028, filed 11/2/93, effective 3/1/94.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 16-201-029
Secondary containment of liquid bulk
fertilizer -- Earthen walls.
(1) Secondary containment walls constructed of earth shall be allowed at permanent storage facilities when a liner is used: Provided, That only permanent storage facilities having storage containers of one hundred thousand gallons or greater capacity can use clay liners.
(2) Earthen walls shall have a horizontal to vertical slope of at least three to one, unless a steeper slope is consistent with good engineering practice, and shall be packed and protected from erosion.
(3) The top of earthen walls shall be no less than two feet six inches wide.
[]
((The base of a secondary containment
facility shall be lined with steel, concrete or a synthetic
liner: Provided, That facilities with storage tanks of one
hundred thousand gallons or greater may use clay soil liners. The secondary containment floor shall slope to a liquid tight
collection point or sump that allows spilled or deposited
materials to be easily removed.)) If a liner is required to meet
the standards set forth in WAC 16-201-028, then it must be
constructed as follows:
(1) ((Concrete liners: Concrete liners shall be designed
according to good engineering practices to withstand any
foreseeable loading conditions, including a full hydrostatic head
of discharged liquid, and shall be properly sealed to prevent
leakage.)) Synthetic liners:
(a) Synthetic liners shall be chemically compatible with the materials being stored within the permanent storage facility and have a minimum thickness of thirty mils+/-1 mil. A written confirmation of compatibility and a written estimate of the life of the liner from the manufacturer shall be kept on file at the permanent storage facility or the nearest local office from which the permanent storage facility is administered.
(b) Synthetic liners shall be installed under the supervision of a qualified representative of the manufacturer, a contractor certified by the manufacturer, or a certified engineer. All field constructed seams shall be tested, and repaired if necessary, in accordance with the manufacturer's recommendations.
(2) ((Synthetic liners:)) Permanent storage facilities with
storage containers of one hundred thousand gallons or greater may
use clay soil liners: Provided, That:
(a) ((Synthetic liners shall be chemically compatible with
the materials being stored within the facility and have a minimum
thickness of thirty mils+/- 1 mil. A written confirmation of
compatibility and a written estimate of the life of the liner
from the manufacturer shall be kept on file at the storage
facility or the nearest local office from which the facility is
administered.
(b) Synthetic liners shall be installed under the supervision of a qualified representative of the manufacturer, a contractor certified by the manufacturer, or a certified engineer. All field constructed seams shall be tested, and repaired if necessary, in accordance with the manufacturer's recommendations.
(3) Soil liners:)) The surface soil shall be sealed,
including the berm of an earthen dike, with a sealing agent such
as sodium bentonite, attapulgite or a similar clay material((.));
(b) The liner shall be constructed in accordance with reliable civil engineering practices, to achieve a coefficient of permeability not to exceed 1x10-6 cm/sec and shall be maintained at 1x10-5 cm/sec with a thickness of not less than six inches;
(c) The floor and internal walls of the containment area shall have a protective barrier to prevent desiccation, evaporation, freeze, thaw, or other physical damage.
(((4) Exemptions. A liner need not be installed directly
under a storage container having a capacity of one hundred
thousand gallons or more which has been constructed on site and
put into use prior to March 1, 1994: Provided, That one of the
following alternative procedures are complied with, certified to
in writing by an official of the company which owns the storage
container, and the certificate is filed with the department.
(a) Alternative 1 is as follows:
(i) A second bottom made of steel shall be constructed for the storage container. The second bottom shall be placed over the original bottom and separated from the original bottom by a support medium designed to provide for leak detection between the two bottoms and properly support the new bottom. This support layer may consist of gravel, sand, concrete (grooved to provide leak detection), steel or other grillage, wire mesh, etc. as dictated by good engineering practice.
(ii) The original bottom of the storage container shall be tested for leaks before the support layer and second bottom are installed. A record of the test shall be kept on file at the storage facility or at the nearest local office from which the storage facility is administered.
(iii) The newly constructed bottom shall be tested for leaks before any liquid fertilizer is stored on the newly constructed bottom. A record of the test shall be kept on file at the storage facility or at the nearest local office from which the storage facility is administered.
(iv) There shall be a system to readily detect leaks through the newly constructed bottom into the support layer. Leak tests should be conducted at not more than six-month intervals with a record of such tests to be kept at the storage facility or at the nearest local office from which the storage facility is administered.
(b) Alternative 2 is as follows:
(i) The storage container shall be emptied, cleaned, and tested for leaks. The walls and floor of the storage container shall be tested to assure that welds and thickness of steel plates are sound and adequate to contain the fertilizers. A record of the inspection, test results, and of any repairs made shall be submitted to the department and maintained by the owner or operator.
(ii) The interior floor and twelve inches up the wall of the storage container shall be coated with a liner to inhibit corrosion. A record of this procedure shall be submitted to the department and maintained by the owner or operator.
(iii) A test for leaks and liner deterioration or metal corrosion shall be conducted every five years thereafter. A record of the test findings and of indicated repairs and maintenance shall be maintained by the owner or operator.
(c) Alternative 3 is as follows:
(i) Monitoring devices shall be installed in angled borings under each tank. These monitoring devices shall constitute a leak detection system for each tank in advance of the point at which any leak would reach groundwater.
(ii) The number, length, and depth of each boring shall be determined on the basis of site characteristics. The array of monitoring devices under each tank shall constitute the best practical early warning detection system for tank leakage.
(iii) Each monitoring plan under alternative 3 shall be implemented only upon review and written approval of the department and shall include inspection/monitoring schedules.))
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-030, filed 11/2/93, effective 3/1/94.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
NEW SECTION
WAC 16-201-031
Secondary containment of liquid bulk
fertilizers -- Floors and linings -- Alternative procedures.
A floor and/or liner need not be installed directly under a storage container having a capacity of one hundred thousand gallons or more which has been constructed on site and put into use prior to March 1, 1994: Provided, That one of the following alternative procedures are complied with, certified to in writing by an official of the company which owns the storage container, and the certificate is filed with the department:
(1) Alternative 1 is as follows:
(a) A second bottom made of steel shall be constructed for the storage container. The second bottom shall be placed over the original bottom and separated from the original bottom by a support medium designed to provide for leak detection between the two bottoms and properly support the new bottom. This support layer may consist of gravel, sand, concrete (grooved to provide leak detection), steel or other grillage, wire mesh, etc. as dictated by good engineering practice.
(b) The original bottom of the storage container shall be tested for leaks before the support layer and second bottom are installed. A record of the test shall be kept on file at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered.
(c) The newly constructed bottom shall be tested for leaks before any liquid fertilizer is stored on the newly constructed bottom. A record of the test shall be kept on file at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered.
(d) There shall be a system to readily detect leaks through the newly constructed bottom into the support layer. Leak tests should be conducted at not more than six-month intervals with a record of such tests to be kept at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered.
(2) Alternative 2 is as follows:
(a) The storage container shall be emptied, cleaned, and tested for leaks. The walls and floor of the storage container shall be tested to assure that welds and thickness of steel plates are sound and adequate to contain the fertilizers. A record of the inspection, test results, and of any repairs made shall be submitted to the department and maintained by the owner or operator.
(b) The interior floor and twelve inches up the wall of the storage container shall be coated with a liner to inhibit corrosion. A record of this procedure shall be submitted to the department and maintained by the owner or operator.
(c) A test for leaks and liner deterioration or metal corrosion shall be conducted every five years thereafter. A record of the test findings and of indicated repairs and maintenance shall be maintained by the owner or operator.
(3) Alternative 3 is as follows:
(a) Monitoring devices shall be installed in angled borings under each storage container. These monitoring devices shall constitute a leak detection system for each storage container in advance of the point at which any leak would reach groundwater.
(b) The number, length, and depth of each boring shall be determined on the basis of site characteristics. The array of monitoring devices under each storage container shall constitute the best practical early warning detection system for storage container leakage.
(c) Each monitoring plan under alternative 3 shall be implemented only upon review and written approval of the department and shall include inspection/monitoring schedules.
[]
(1) ((A p)) Prefabricated
((facility)) secondary containment shall be composed of a rigid
prefabricated basin having both a base and walls constructed of
steel or synthetic materials which are resistant to corrosion,
puncture or cracking. Materials used in the ((facility))
secondary containment shall be chemically compatible with the
products being stored within the ((facility)) secondary
containment. A written confirmation of compatibility from the
basin manufacturer shall be kept on file at the permanent storage
facility or at the nearest local office from which the permanent
storage facility is administered.
(2) The prefabricated ((facility)) secondary containment
shall be designed and installed to withstand all foreseeable
loading conditions, including the tank load and a full
hydrostatic head of any discharged liquid. Multiple basins
connected to provide the capacity required in WAC 16-201-025
shall be connected in a manner which assures an adequate transfer
of discharged liquid between basins.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-040, filed 11/2/93, effective 3/1/94.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 5018, filed 11/2/93, effective
3/1/94)
WAC 16-201-050
Secondary containment of liquid bulk
fertilizers -- Discharge outlets or valves.
Secondary containment
((facilities)), including prefabricated ((facilities)) secondary
containment, shall not have discharge outlets or valves. Discharge outlets or valves on existing ((facilities)) secondary
containment shall be sealed. Secondary containments
((facilities)) may be interconnected.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-050, filed 11/2/93, effective 3/1/94.]
(1) No
((other commodity except fertilizer, fertilizer rinsate,
recovered fertilizer discharges, or pesticide rinsate)) material
may be stored within ((a)) liquid fertilizer secondary
containment ((facility)) unless the material is compatible with
all other material stored within the secondary containment. For
the purposes of this section, compatible means that the
materials, when mixed together, will not react in a manner that
will cause a human health or environmental hazard.
(((2) A liquid fertilizer secondary containment facility may
share a wall or portion of a wall, with a liquid pesticide
secondary containment facility.))
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-060, filed 11/2/93, effective 3/1/94.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 5018, filed 11/2/93, effective
3/1/94)
WAC 16-201-070
Secondary containment of liquid bulk
fertilizers -- Precipitation accumulations.
Precipitation may not
be allowed to accumulate in ((a)) secondary containment
((facility)) to the point where it ((may tend to)):
(1) Reduces the capacity of the ((facility)) secondary
containment below one hundred ten percent of the volume of the
largest storage container within the area plus the displacement
of all other ((tanks)) storage containers, appurtenances, and
other items within the containment area((.));
(2) Increases corrosion of storage containers or
appurtenances((.)); or
(3) Impairs the stability of storage containers.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-070, filed 11/2/93, effective 3/1/94.]
Discharges within ((a))
secondary containment ((facility)) shall be immediately
recovered.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-080, filed 11/2/93, effective 3/1/94.]
No person
shall store liquid bulk fertilizer, fertilizer spills or rinsates
in an underground storage container or surface impoundment,
((or)) such as a lined pond or pit. A watertight catch basin or
sump used for the temporary collection of rinsate or runoff from
transfer and loading areas is exempt from this section.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-110, filed 11/2/93, effective 3/1/94.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 5018, filed 11/2/93, effective
3/1/94)
WAC 16-201-120
Primary containment of liquid bulk
fertilizers -- Abandoned storage containers.
(1) Storage containers used at a permanent storage facility, or used for temporary field storage to hold liquid bulk fertilizer or fertilizer rinsate are considered abandoned if they have been out of service for more than six consecutive months because of a weakness or leak, or have been out of service for any reason for more than two years without an integrity test having been performed.
(2) Abandoned underground storage containers containing fertilizer which meet the definition of hazardous substance underground storage tank system in chapter 173-360 WAC are subject to the applicable requirements in that chapter.
(3) Abandoned above ground storage containers shall be thoroughly cleaned. All hatches on the storage containers shall be secured and all valves or connections shall be severed or plugged with vents being left functional.
(4) Abandoned storage containers shall be posted with a clearly legible tag with the words "Out of Service."
(5) Abandoned storage containers shall not be allowed to be put back in service on the same site without first installing secondary containment protection.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-120, filed 11/2/93, effective 3/1/94.]
Storage containers
shall be secured, ((as)) if necessary, to prevent flotation or
instability which might occur as a result of liquid accumulations
within a secondary containment facility.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-130, filed 11/2/93, effective 3/1/94.]
(1) All bulk fertilizer storage containers shall be clearly and conspicuously labeled to identify the contents.
(2) All bulk fertilizer storage containers shall bear a label or placard in accordance with Uniform Fire Code Standard No. 79-3, identifying the material therein.
(3) All bulk fertilizer storage containers used for temporary field storage shall be labeled with the owner's name, the capacity of the tank, and an identifying number. Lettering shall be a minimum of two inches in height and in a color contrasting to the background.
(4) All bulk fertilizer storage containers used for temporary field storage shall have attached, in a weather-proof enclosure, a record of the date the storage container was put in place.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-170, filed 11/2/93, effective 3/1/94.]
(1) Storage containers used for temporary field storage of liquid bulk fertilizer shall comply with the following sections: WAC 16-201-100, 16-201-110, 16-201-120, 16-201-140, 16-201-150, and 16-201-170.
(2) All bulk fertilizer storage containers and appurtenances used for temporary field storage shall be inspected for leakage and soundness daily when in use.
(3) Valves on storage containers shall be closed and locked or otherwise secured when left unattended.
(4) The physical location and identifying number of all temporary field storage shall be provided to the department upon request.
(5) The department may issue a permit to extend the time temporary field storage may be in one place during any six-month period due to weather related conditions upon written request. No advisory group review, pursuant to WAC 16-201-280(2) is available for this type of permit.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-180, filed 11/2/93, effective 3/1/94.]
(1) All operational
area activities shall take place on or within ((an)) operational
area containment ((facility)): Provided, That during the
unloading or loading of railcars, marine vessels, or manned
trucks when product is unloaded from direct shipments from
manufacturers, individual basins or portable storage containers
shall be used to recover spillage and leakage from transfer
connections and pumps.
(2) ((The)) Operational area containment ((facility)) shall
be designed and constructed to contain fertilizers, rinsates,
washwater and other materials spilled or deposited during mixing,
loading, unloading, draining, rinsing and washing activities.
(3) The walls and floor of operational area containment
((facility)) shall be constructed of steel, poured reinforced
concrete, precast concrete modules, solid masonry, or other
materials ((with similar permeability.)) or combination of
materials that:
(a) Are designed to withstand a full hydrostatic head of any discharged liquid;
(b) Have sufficient thickness and chemical resistance to contain a release until it is recovered;
(c) Are constructed and maintained to a permeability standard of 1x10-6 cm/sec as determined by ASTM test method D-5084 Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter or other test method approved by the department.
(4) If synthetic materials are used in construction they shall be chemically compatible with the products handled at the site. A written confirmation of compatibility from the manufacturer shall be kept on file at the site or the nearest location from which the site is administered.
(5) ((The facility)) Operational area containment shall be
constructed to withstand the weight of any vehicles or storage
containers which will be on ((the facility)) it.
(6) ((The facility)) Operational area containment shall be
constructed with sufficient surface area, using curbs or other
means, to prevent any discharge from leaving the containment
area. The ((facility)) operational area containment shall have a
capacity of at least fifteen hundred gallons ((of containment)). If no storage container or mobile storage container used at the
((facility)) operational area containment to transfer liquid bulk
fertilizers has a capacity of more than one thousand gallons, the
operational area containment ((facility)) shall be of adequate
size and design to contain one hundred twenty-five percent the
capacity of the largest storage container, or mobile storage
container used.
(7) ((The)) Operational area containment ((facility)) shall
slope to ((a)) one or more liquid tight collection points or
sumps that allows spilled or deposited materials to be easily
recovered.
(8) An above ground ((tank)) storage container may be used
in conjunction with the operational area containment ((facility))
to meet the capacity requirement. If an above ground ((tank))
storage container is used ((for temporary storage)) to meet the
capacity requirement, the ((tank)) storage container shall be
located within secondary containment. The ((tank)) storage
container shall be clearly and conspicuously labeled "fertilizer
rinsate."
(9) Any pump used for recovering material from the
operational area containment ((facility)) shall be manually
activated.
(((9))) (10) The operational area containment ((facility))
shall not have a discharge outlet or valve. Discharge outlets or
valves on existing ((facilities)) operational areas shall be
sealed. Operational area containments ((facilities)) may be
interconnected.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-190, filed 11/2/93, effective 3/1/94.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 5018, filed 11/2/93, effective
3/1/94)
WAC 16-201-200
Operational area containment of liquid
fertilizers -- Temporary Field storage.
(1) During loading and unloading of liquid bulk fertilizer at temporary field storage locations individual basins or portable storage containers shall be used to recover spillage and leakage from transfer connections and pumps.
(2) Liquid bulk fertilizer storage containers used for temporary field storage shall be located at least one hundred feet from wells and surface water except, for purposes of this section, irrigation water flowing directly to a field, or on a field, is not considered surface water unless the water could be carried beyond the field being irrigated.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-200, filed 11/2/93, effective 3/1/94.]
(1) ((If plumbing))
When piping within ((a)) secondary containment ((facility)) or an
operational area ((facility)) is directly connected to a water
source such as a well or public water ((supply)) system, an
approved air gap or an approved reduced pressure principle ((a))
backflow prevention ((device)) assembly (RBPA) shall be installed
to protect the water source. ((All equipment)) approved air gaps
and approved RPBA's shall be installed, operated, inspected
and/or tested and maintained per WAC 246-290-490 ((and
manufacturer's recommendations. The safety equipment shall be
one of the following:
(a) A reduced pressure principle backflow prevention assembly approved by the Washington State Department of Health.
(b) Air gap separation. Air gap is a physical separation between the free flowing discharge end of a water supply line and the fill opening of a water storage tank. The end of the discharge pipe shall be located a distance of at least two times the diameter of the supply line measured vertically above the flood rim of the tank. The gap should be increased if the fill pipe is located next to a wall. If the discharge pipe is located within a secondary containment or operational area facility the end of the pipe shall be at least two pipe diameters above the highest liquid holding capacity of the containment facility.))
(2) ((Reduced pressure principle backflow prevention
assemblies)) Approved RPBA's shall be inspected and tested by a
Washington State Department of Health certified backflow assembly
tester, and approved air gaps shall be inspected by a Washington
State Department of Health certified backflow assembly tester or
cross-connection control specialist:
(a) At the time of installation, alteration or relocation, and
(b) ((once per year and air gap systems shall be inspected
once per year by a Washington State Department of Health
certified backflow assembly tester pursuant to WAC 246-290-490))
At least on an annual schedule thereafter.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-220, filed 11/2/93, effective 3/1/94.]
(1) Fertilizer ((products, rinsates or washwater spilled or
accumulated)) spills within ((a)) secondary containment or
operational area ((facility)) containment shall be immediately
recovered. ((These materials may be applied at normal fertilizer
rates or used in a liquid mixing operation. The materials may be
stored for later use.))
(2) Fertilizer rinsate shall be removed from secondary
containment and operational area containment as necessary to
ensure the capacity of the containment area does not fall below
the levels required by this chapter. ((Any liquid that
accumulates at a collection point or in a)) Rinsate accumulations
collected in an operational area water-tight sump shall ((be
removed within twenty-four hours when the facility is in
operation)) not exceed the capacity of the sump at the end of the
business day.
(3) ((Recovered)) Fertilizer spills((, sedimentation,)) or
rinsates((, washwater, contaminated precipitation or other
contaminated debris)) shall ((be contained and used or properly
disposed of. Fertilizer containing materials shall)) not be
released to the environment unless the ((release is an agronomic
application)) material is applied at normal fertilizer rates,
used in fertilizer blends, used in a fertilizer manufacturing
process, or disposed of properly.
(4) Recovered spills or rinsates in excess of 500 gallons must be contained in a storage container within secondary containment. The storage container must be clearly and conspicuously labeled to identify the content.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-230, filed 11/2/93, effective 3/1/94.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 5018, filed 11/2/93, effective
3/1/94)
WAC 16-201-240
Maintenance and inspection.
(1) The
operator of a fertilizer bulk storage facility shall inspect and
maintain storage containers, appurtenances, secondary containment
((facilities)) and operational area ((facilities)) containment to
minimize the risk of a fertilizer release. The inspection shall
include a visual observation for any evidence of leaks, spills,
cracks, solar decay or wear.
(2) 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
((facilities)) and operational area containment ((facilities)) is
maintained.
(3) Bulk fertilizer storage containers and appurtenances
shall be inspected at least once per month when in use. Secondary containment and operational area ((facilities))
containment shall be inspected at least once per month when in
use.
(4) All secondary and operational area ((facilities))
containment shall be maintained free of debris and foreign
matter.
(5) 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) Inspection records shall contain the name of the person making the inspection, the date of the inspection, conditions noted and maintenance performed.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-240, filed 11/2/93, effective 3/1/94.]
Records
required by this section and documents necessary to ensure
compliance with this chapter shall be made available for
inspection and copying by the department. The following records
shall be maintained at ((fertilizer bulk)) permanent storage
facilities or at the nearest local office from which the
permanent storage facility is administered.
(1) A record of construction materials and methods of construction to show compliance with WAC 16-201-025, 16-201-028, 16-201-030, 16-201-040, 16-201-050, and 16-201-190. These records shall be maintained as permanent records.
(2) A record of the method(s) used to use or dispose of
product or contaminated materials recovered from discharges
outside secondary or operational area containment ((facilities)).
This record applies only to discharges required to be reported
to the Washington state department of ecology by the Washington
state Dangerous waste regulations, chapter 173-303 WAC. These
records shall be maintained for a period of at least three years.
(3) Inspection and maintenance records required by WAC 16-201-240. These records shall be maintained for a period of at least three years.
(4) Manufacturer's compatibility statements required by WAC 16-201-030 and 16-201-040. These records shall be maintained as permanent records.
(5) A copy of the permanent storage facility's spill response plan required by WAC 16-201-260. This record shall be maintained as a permanent document.
(6) Records required by WAC 16-201-100(9). These records shall be maintained as permanent records.
(7) Records required by WAC 16-201-220, Backflow prevention.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-250, filed 11/2/93, effective 3/1/94.]
(1) The operator of a permanent storage facility shall prepare a written spill response plan for the permanent storage facility. If all or portions of the information required by the spill response plan have been prepared for plans required by other government agencies, they need not be prepared for this plan: Provided, That the information is readily accessible to emergency responders and department personnel. However, when copies of the plan are distributed, all required information shall be provided.
The plan shall include the following elements:
(a) The identity and telephone numbers of the persons and agencies who are to be contacted in the event of a spill, including persons responsible for the stored fertilizer.
(b) For each fertilizer stored at the permanent storage facility a complete copy of the storage container labeling required in WAC 16-201-170, and the labeling required to accompany sale of the fertilizer under the Washington Commercial Fertilizer Act, chapter 15.54 RCW.
(c) A material safety data sheet for each fertilizer stored at the permanent storage facility.
(d) The procedures to be used for controlling and recovering, or otherwise responding to a spill for each type of bulk fertilizer stored at the permanent storage facility.
(e) The procedures to be followed in using or disposing of a recovered spill.
(2) The plan shall be kept current at all times.
(3) A copy of the spill response plan shall be kept readily available for inspection and use at the permanent storage facility or at the nearest local office from which the permanent storage facility is administered and shall be available for inspection and copying by the department.
(4) A copy of the spill response plan shall be provided to the local fire department.
(5) Persons employed at ((bulk fertilizer)) permanent
storage facilities shall be trained in spill response procedures
pursuant to the spill response plan.
(6) Emergency equipment and supplies. Every permanent storage facility shall have access to pumps and recovery containers which can be used to control and recover spills. Pumps, recovery containers and persons capable of deploying and operating them shall be readily available in an emergency. Pumps and recovery containers may include those operated by a local fire department or other persons: Provided, That the use and availability of the pumps and recovery containers is arranged in advance as part of the spill response plan. Absorbent materials and other equipment suitable for the control and cleanup of smaller spills shall be available at the permanent storage facility. The permanent storage facility shall maintain a list showing the types and locations of clean-up supplies and equipment. The list shall be maintained at the permanent storage facility or the nearest local office from which the facility is administered.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-260, filed 11/2/93, effective 3/1/94.]
(((1) New permanent storage facilities placed in service after
March 1, 1994, shall immediately comply with this chapter.)) The
requirements of this chapter shall be effective immediately:
Provided, That
(1) All
(((2) Existing)) permanent storage facilities that have
storage containers of one hundred thousand gallons or greater and
that were in operation prior to March 1, 1994, shall comply
((with the following schedule: Provided, That permanent storage
facilities which have tanks of one hundred thousand gallons or
greater shall have a period of seven years from March 1, 1994, to
comply)) with WAC 16-201-020 through 16-201-080, and 16-201-190
by March 1, 2001;((:))
(2) Storage of bulk fertilizer, fertilizer spills or rinsates shall comply with WAC 16-201-110 by December 31, 2001;
(3) Fertilizer spills or rinsates must be contained in compliance with WAC 16-201-230(4) by December 31, 2001.
(b) |
Primary containment |
|
(c) |
Operational area containment |
|
(d) |
Dry bulk fertilizer storage and handling |
|
(1), (2), (4) . . . . . . . . . . . . one year after March 1, 1994 |
||
(e) |
Backflow prevention |
|
(f) |
Rinsate management |
|
(g) |
Maintenance and inspection |
|
(h) |
Recordkeeping requirements |
|
(i) |
Spill response plan |
|
| WAC 16-201-260 . . . . . . . . . . . . one year after March 1, 1994.)) | ||
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-270, filed 11/2/93, effective 3/1/94.]
(1) The department may issue a permit exempting any person from a requirement under this chapter if compliance is not technically feasible in the judgment of the department and the department finds that alternative measures provide substantially similar protection. All information required to prove that substantially similar protection is possible shall be provided to the department by the person requesting the permit.
(2) At the request of the department, advisory group, or
permittee, an advisory group appointed by the director shall
evaluate and advise the department on ((all)) any request((s))
for permit((s)) from this chapter.
[Statutory Authority: RCW 15.54.800 and 15.58.040. 93-22-093 (Order 5018), § 16-201-280, filed 11/2/93, effective 3/1/94.]