Original Notice.

Preproposal statement of inquiry was filed as WSR 99-11-057.

Title of Rule: Revision of chapter 16-229 WAC, rules relating to secondary and operational area containment for bulk pesticide storage facilities.

Purpose: To revise chapter 16-229 WAC to address issues and concerns raised since implementation of the original rules in 1994.

Statutory Authority for Adoption: Chapter 15.58 RCW.

Statute Being Implemented: Chapter 15.58 RCW.

Summary: WAC 16-229-010 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.

     "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) 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 16-229-020, 16-229-025, 16-229-050, 16-229-060, 16-229-080, 16-229-090, 16-229-220, 16-229-260, 16-229-270 and 16-229-280, the changes to these sections are housekeeping changes only. The revisions make the sections compatible with defined terms.

     WAC 16-229-030, 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 16-229-040, 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 16-229-070, 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 16-229-110, this section has been revised to clarify that original intent of the rule that liquid pesticides may not be stored underground or in surface impoundments. It also adds pesticide spills or rinsates as other material that may not be stored underground or in surface impoundments.

     WAC 16-229-120, 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 16-229-130, this section was revised to clarify when storage containers shall be secured.

     WAC 16-229-180, 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 fourteen day location restriction.

     WAC 16-229-200, 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 16-229-180. 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 16-229-210, this section was revised to use language similar to that found in the proposed WAC 16-229-030 and to make housekeeping changes to make the section compatible with defined terms.

     WAC 16-229-240, this section was revised after receiving comment from the Department of Health. 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 16-229-010.

     WAC 16-229-300, this section was revised to eliminate all the compliance dates that have already passed.

     WAC 16-229-310, 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.

     WAC 16-229-400, this section was revised to use language similar to that found in the proposed WAC 16-229-030 and to make housekeeping changes to make the section compatible with defined terms.

     WAC 16-229-410, this section was revised after receiving comment from the Department of Health. 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 16-229-010.

     WAC 16-229-470, this section was revised to eliminate all the compliance dates that have already passed.

     WAC 16-229-480, 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 pesticide facilities, agricultural producers, non-agricultural fertilizer users, 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: Cliff Weed, Olympia, (360) 902-2036.

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 16-229 WAC addresses primary and secondary containment requirements for bulk pesticides. The primary purpose of the rule is to protect the environment (particularly groundwater) from contamination in the case of an accidental discharge of pesticides from a bulk pesticide 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.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was determined to be unnecessary because the economic impact from the rule changes will be negligible.

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) Threes time 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.

     (((1))) (3) "Appurtenances" means all valves, pumps, fittings, pipes, hoses, metering devices, and mechanical devices which are connected to a storage container, or which are used to transfer a material into or out of such container.

     (((2))) (4) "Bulk pesticide" means any registered pesticide which is transported or held in an individual container in undivided quantities of greater than fifty-five U.S. gallons liquid measure or one hundred pounds net dry weight.

     (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) "Department" means the Washington state department of agriculture.

     (((4))) (7) "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 pesticide which is made pursuant to sale, storage, distribution or use.

     (((5))) (8) "Dry pesticide" means pesticide which is in solid form prior to any application or mixing for application, and includes formulations such as dusts, wettable powders, dry flowable powders, granules, and water dispersible granules.

     (((6))) (9) "Liquid pesticide" means pesticide in liquid form, and includes solutions, emulsions, suspensions, slurries, and pesticide rinsates.

     (((7))) (10) "Mini-bulk pesticide" means an amount of liquid pesticide greater than fifty-five gallons but not exceeding five hundred gallons which is held in a single container designed for ready handling and transport, which has been filled by the original pesticide manufacturer or repackager, and to which no substance has been added by any person.

     (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 where pesticides are transferred, loaded, unloaded, mixed, repackaged, refilled or where pesticides are cleaned, 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).

     (((10))) (14) "Permanent mixing/loading site" means a site (location) at which more than three hundred gallons of liquid pesticide (formulated product) or three thousand pounds of dry pesticide or at which a total of fifteen hundred pounds of pesticides as active ingredients are being mixed, repackaged or transferred from one container to another within a calendar year: Provided, That wood preservative application systems already regulated by 40 CFR, Parts 264.570-575 and Parts 265.440-445 shall be exempt.

     (((11))) (15) "Permanent storage facility" means a location at which liquid bulk pesticide in a single container or aggregate quantities in excess of five hundred U.S. gallons or dry bulk pesticide in undivided quantities in excess of two thousand pounds is held in storage: Provided, That mini-bulk pesticide containers are exempt from this chapter((: Provided further, That temporary field storage of up to two thousand five hundred gallons of bulk liquid pesticide is allowed for a period of no more than fourteen days in a six-month period at any one location.      Temporary field storage may be extended upon written permit by the department: Provided further, That liquid bulk pesticide containers directly attached to an apparatus for the purpose of chemigation are exempt from this chapter.

     (12))) (16) "Pesticide" means, but is not limited to:

     (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;

     (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and

     (c) Any spray adjuvant.     

     (d) For the purpose of establishing permanent mixing/loading site threshold values petroleum oils are exempt from this chapter.

     (((13))) (17) "Primary containment" means the storage of liquid or dry bulk pesticide in storage containers at a permanent storage facility.

     (((14))) (18) "Rinsate" means the liquid generated from the rinsing of any equipment or container that has come in direct contact with any pesticide, including: recovered sedimentation, washwater, contaminated precipitation, or other contaminated debris.

     (((15))) (19) "Secondary containment" means a device or structure designed, constructed, and maintained to hold or confine a discharge of a liquid pesticide from a permanent storage facility.

     (((16))) (20) "Storage container" means a container, including a rail car, nurse tank or other mobile container, that is used or intended for the storage of bulk liquid or dry pesticide.      It does not include a mobile container at a storage facility for less than fifteen days if this storage is incidental to the loading or unloading of a storage container at the bulk pesticide storage facility. Storage container does not include underground storage containers or surface impoundments such as lined ponds or pits.

     (21) "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.

     (22) "Temporary field storage" means a storage container with the capacity to store two thousand five hundred gallons or less of bulk liquid pesticide that remains in the same location for no more than fourteen consecutive days in any six-month period. Liquid bulk pesticide application tanks directly attached to an apparatus for the purpose of chemigation are exempt from this chapter.

     (((17))) (23) "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 pesticide.

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-010, 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.

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 16-229-020
Secondary containment of liquid bulk pesticides -- General requirements.

Primary storage of bulk liquid pesticides at a permanent storage facility shall be located within ((a)) secondary containment ((facility)) designed to prevent the release of discharged pesticides.      ((A)) Secondary containment ((facility)) shall consist of:

     (1) A wall and liner with a sloped floor as provided in WAC 16-229-030 and 16-229-040; or

     (2) A prefabricated facility as provided in WAC 16-229-050.

     (3) Secondary containment ((facilities)) in operation prior to March 1, 1994, which ((do)) 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), § 16-229-020, filed 11/2/93, effective 3/1/94.]

(1) ((The)) 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.

     (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 minimum capacity of 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)) containment or increase of storage container volume the ((facility)) secondary containment shall be brought into full compliance with the specific capacity requirements of this section.

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-025, filed 11/2/93, effective 3/1/94.]

(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.      The wall shall be designed to withstand a full hydrostatic head of any discharged liquid, and shall be properly sealed to prevent leakage.)) The 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) 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.

     (((2))) (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), § 16-229-030, 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.
AMENDATORY SECTION(Amending Order 5018, filed 11/2/93, effective 3/1/94)

WAC 16-229-040
Secondary containment of liquid bulk pesticides -- ((Lining)) Synthetic liners.

((The base of a secondary containment facility shall be lined with steel, concrete or synthetic liner.      The secondary containment floor shall slope to a liquid tight collection point or sump that allows spilled or deposited materials to be easily removed.))

     (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.)) A synthetic liner may be used to meet the applicable standards set forth in WAC 16-229-030.

     (2) ((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 30 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))) (3) 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.

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-040, 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 16-229-050
Secondary containment of liquid bulk pesticides -- Prefabricated facilities.

(1) ((A)) 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 16-229-025 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), § 16-229-050, filed 11/2/93, effective 3/1/94.]

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), § 16-229-060, filed 11/2/93, effective 3/1/94.]

(1) No ((other commodity except pesticide, pesticide rinsate, recovered pesticide discharges, or fertilizer rinsate)) material may be stored within ((a)) pesticide 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 pesticide secondary containment facility may share a wall or portion of a wall, with a fertilizer secondary containment facility.))

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-070, 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 16-229-080
Secondary containment of liquid bulk pesticides -- 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), § 16-229-080, filed 11/2/93, effective 3/1/94.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear 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 16-229-090
Secondary containment of liquid bulk pesticides -- Recovery of discharges.

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), § 16-229-090, filed 11/2/93, effective 3/1/94.]

No person shall store liquid bulk pesticide, pesticide spills or rinsates in an underground storage container or surface impoundment, 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), § 16-229-110, filed 11/2/93, effective 3/1/94.]

(1) Storage containers used at a permanent storage facility, or used for temporary field storage to hold liquid bulk pesticide or pesticide 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 pesticides 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 above ground 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), § 16-229-120, 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), § 16-229-130, filed 11/2/93, effective 3/1/94.]

(1) All bulk pesticide storage containers shall be labeled in accordance with the Washington Pesticide Control Act (chapter 15.58 RCW) and the Federal Insecticide, Fungicide and Rodenticide Act.      The registered product label shall be attached to the bulk storage container in a prominent location.      The label shall be designed to remain intact and legible through active use of the container.

     (2) All bulk pesticide storage containers shall bear a label or placard in accordance with Uniform Fire Code Standard No. 79-3, identifying the materials therein.

     (3) All bulk pesticide 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 pesticide 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), § 16-229-180, filed 11/2/93, effective 3/1/94.]

(1) Containers used for temporary field storage of liquid bulk pesticide shall comply with the following sections: WAC 16-229-100, 16-229-110, 16-229-120, 16-229-140, 16-229-150, 16-229-160, and 16-229-180.

     (2) All bulk pesticide storage containers and appurtenances used for 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 16-229-310(2) is required for this type of permit.

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-200, 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 16-229-210
Operational area containment of liquid pesticides -- Permanent storage facility.

(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 pesticides, 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.

     (7) ((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 pesticides 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.

     (8) ((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.      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, the ((tank)) storage container shall be located within secondary containment.      The ((tank)) storage container shall be clearly and conspicuously labeled "pesticide rinsate" followed by the major category of pesticide such as insecticide, herbicide, fungicide.

     (9) Any pump used for recovering material from the operational area containment ((facility)) shall be manually activated.

     (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), § 16-229-210, 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.

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 16-229-220
Operational area containment of liquid pesticides -- Temporary field storage.

(1) During loading and unloading of liquid bulk pesticide 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 pesticide 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), § 16-229-220, 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 (RPBA) 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 minimum 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 sate 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:

     At the time of installation, alteration or relocation, and

     (((b))) at least on an annual schedule thereafter. ((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.))

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-240, 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.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear 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 16-229-260
Maintenance and inspection.

(1) The operator of a pesticide bulk storage facility shall inspect and maintain storage containers, appurtenances, secondary containment ((facilities)) and operational area ((facilities)) containment to minimize the risk of a pesticide release.      The inspection shall include a visual observation for any evidence of leaks, spills, cracks, solar decay or wear.

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

     (3) Bulk pesticide 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), § 16-229-260, filed 11/2/93, effective 3/1/94.]

The following records shall be maintained at ((pesticide 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 16-229-025, 16-229-030, 16-229-040, 16-229-050, 16-229-060, and 16-229-210.      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) A monthly inventory reconciliation showing the amount of liquid bulk pesticide from each storage container which is lost or unaccounted for at the end of each monthly period during which pesticide is stored in the container.      These records shall be maintained for a period of at least three years.

     (4) Inspection and maintenance records required by WAC 16-229-260.      These records shall be maintained for a period of at least three years.

     (5) Manufacturer's compatibility statements required by WAC 16-229-040 and 16-229-050.      These records shall be maintained as permanent records.

     (6) A copy of the permanent storage facility's spill response plan required by WAC 16-229-280.      This record shall be maintained as a permanent document.

     (7) Records required in WAC 16-229-250 for use or disposal of rinsate, washwater and contaminated precipitation.      These records shall be maintained for a period of at least three years.

     (8) Inspection records required by WAC 16-229-100(9).      These records shall be maintained as permanent records.

     (9) Records required by WAC 16-229-240, Backflow prevention.

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-270, 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 16-229-280
Spill response plan.

(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 the required information must 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 pesticide.

     (b) For each pesticide stored at the permanent storage facility a complete copy of the storage container labeling required in WAC 16-229-180 and the labeling required to accompany sale of the pesticide under the Washington Pesticide Control Act, chapter 15.58 RCW.

     (c) A material safety data sheet for each pesticide 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 pesticide stored at the permanent storage facility.

     (e) The procedures to be followed in using or disposing of a recovered spill.

     (2) The spill response 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 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 pesticide)) 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 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), § 16-229-280, filed 11/2/93, effective 3/1/94.]

(1) The department may issue a permit exempting any person from a requirement under Part 2 of 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 requests for permits from the rule.

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-310, filed 11/2/93, effective 3/1/94.]

(1) All operational area activities ((occurring at a permanent mixing/loading site)) shall take place on or within ((an)) operational area containment ((facility)):

     (2) ((The)) Operational area containment ((facility)) shall be designed and constructed to contain pesticides, 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 ((mixed and loaded)) 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.

     (((4))) (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.

     (((5))) (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.

     (((6))) (7) ((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 application equipment used at the facility up to a maximum of fifteen hundred gallons.

     (((7))) (8) Operational area ((facilities)) containment constructed prior to March 1, 1994, and which have been constructed to contain one hundred ten percent of the capacity of the largest storage container or application equipment used at the facility shall be considered to be in compliance with this chapter.

     (((8))) (9) ((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.      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 or tanks)) storage container(s) are used for temporary storage, the ((tanks)) storage containers shall be located within operational area or secondary containment.      The ((tank)) storage container shall be clearly and conspicuously labeled "pesticide rinsate" followed by the major category of pesticide such as insecticide, herbicide, fungicide.

     (((9))) (10) Any pump used for recovering material from the operational area containment ((facility)) shall be manually activated.

     (((10))) (11) 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), § 16-229-400, 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 16-229-410
Backflow prevention.

(1) ((If plumbing)) When piping within a permanent mixing/loading site 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 (RPBA) 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 minimum 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 once per year ((and air gap systems shall be inspected once per year)) 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 ((pursuant to WAC 246-290-490.)):

     (a) At the time of installation, alteration or relocation, and at least on an annual schedule thereafter.

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-410, 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 16-229-480
Permits.

(1) The department may issue a permit exempting any person from a requirement under Part 3 of 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 requests for permits from this chapter.

[Statutory Authority: RCW 15.54.800 and 15.58.040.      93-22-093 (Order 5018), § 16-229-480, filed 11/2/93, effective 3/1/94.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-229-300	Compliance schedule.
WAC 16-229-470	Compliance.

© Washington State Code Reviser's Office