Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Environment Committee |
HB 2453
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Concerning the reauthorization of the underground storage tank program.
Sponsors: Representatives Peterson, Kretz, Fitzgibbon, Blake, Kagi, Tharinger, Haler, Young and Tarleton; by request of Department of Ecology.
Brief Summary of Bill |
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Hearing Date: 1/15/18
Staff: Robert Hatfield (786-7117).
Background:
Underground Storage Tank Systems.
An underground storage tank system (UST) is a tank and any connected underground piping that has at least 10 percent of its combined volume underground. Regulations apply to USTs that store either petroleum or certain hazardous substances. Certain underground storage tanks are exempt from state and federal classification as USTs, such as tanks of 110 gallons or less, and farm and residential tanks of 1,100 gallons or less that hold motor fuel used for noncommercial purposes.
Federal UST Regulation.
Federal government regulation of USTS began in 1984 through an amendment to the Resource Conservation and Recovery Act. The Environmental Protection Agency (EPA) is the federal agency charged with carrying out the federal UST program. The EPA's UST program requires, among other things, registration of UST owners, leak detection and leak prevention, demonstration of financial responsibility, and records maintenance.
State UST Regulation.
Washington has applied for and obtained approval from the EPA to operate its own state-level underground storage tank (UST) regulation program. As a result, state law, not federal law, applies to regulated USTs, and the Department of Ecology (Ecology), not the EPA, inspects and enforces compliance with the law.
Under the state UST program, Ecology is responsible for regulating and inspecting USTs that store petroleum and other hazardous substances. The purpose of Ecology's UST program is to reduce the number and severity of releases of petroleum and other hazardous substances, and to maintain compliance with the requirements for federal approval of the program.
Ecology regulates more than 9,000 USTs at more than 3,300 facilities, including gas stations, other commercial and industrial facilities, and government-owned facilities. Ecology conducts inspections at about 1,200 facilities each year, and provides technical assistance to owners and operators. Each facility must be inspected at least once every three years.
Washington’s UST program is subject to sunset review and reauthorization under the Sunset Act. The program was originally authorized in 1989 and has been extended twice under the Sunset Act. The program is currently set to terminate on July 1, 2019.
Summary of Bill:
The expiration for the state Underground Storage Tank program is extended to July 1, 2029.
Appropriation: None.
Fiscal Note: Requested on January 9, 2018.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.