8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 1 / 105WSR 18-15-083
PERMANENT RULES
DEP ARTMENT OF ECOLOGY
[Order 16-02—Filed July 18, 2018, 7:34 a.m., effective October 1, 2018]
Effective Date of Rule: October 1, 2018.
Purpose: The department of ecology is repealing existing chapter 173-360 W AC and adopting new
chapter 173-360A W AC, Under ground storage tank (UST) regulations. The new chapter modifies and replaces
the repealed chapter . The rule was modified to:
1. Incorporate federal rule changes needed to maintain state program approval, as specified in 40 C.F .R.
Parts 280 and 281 (such as new operation and maintenance requirements for UST systems and requirements for
field-constructed tanks and airport hydrant systems).
2. Integrate changes to the state statute that authorizes the program, chapter 90.76  RCW (such as
licensing requirements for UST systems).
3. Update other requirements governing the program (such as UST service provider requirements).
4. Streamline rule requirements, improve rule clarity , and improve consistency within the rule and with
other state and federal laws and rules (such as reor ganizing the rule).
For more information about the rule making, visit https://www .ecology .wa.gov/Regulations-
Permits/Laws-rules/Rulemaking/W AC-173-360-Mar16 .
Citation of Rules Af fected by this Order: New chapter 173-360A W AC; and repealing chapter 173-360
WAC.
Statutory Authority for Adoption: Chapter 90.76  RCW .
Adopted under notice filed as WSR 18-03-178 on January 24, 2018.
Changes Other than Editing from Proposed to Adopted V ersion: The department of ecology made the
following changes, including editing, to chapter 173-360A W AC:
1. Throughout rule: Replaced placeholder dates based on the ef fective date with actual dates. For
example, replaced "ef fective date of rule" with "October 1, 2018," and "two years after ef fective date of rule"
with "October 1, 2020." 
2. Throughout rule: Replaced "shall" with "must" in provisions that impose an obligation to act.
3. WAC 173-360A-01 10 (2)(a)(iii):  Corrected citation to 40 C.F .R. Part 50.
4. WAC 173-360A-0150 (46)(c):  Corrected grammar in definition of "owner ."
5. WAC 173-360A-0200(7):  Clarified where licenses must be displayed by deleting the ambiguous
language "where the tanks are located."
6. WAC 173-360A-0300 (2)(b):  Removed the following two codes of practice for installing UST
systems added in the proposed rule:
• Petroleum Equipment Institute, Recommended Practice 1000, "Recommended Practices for the Installation
of Marina Fueling Systems;" and
• Petroleum Equipment Institute, Recommended Practice 1400, "Recommended Practices for the Design and
Installation of Fueling Systems for Emer gency Generators, Stationary Diesel Engines and Oil Burner
Systems."
7. WAC 173-360A-0300(4):  Eliminated prohibition on installing used tanks added in the proposed rule.
As under the existing rule, the adopted rule allows used tanks to be installed if they meet applicable performance
standards and are recertified by the manufacturer . Ecology must also be notified at least thirty days before used
tanks are installed.
8. W AC 173-360A-0300(5):  Edited language governing installation documentation (changed from
"included with the application" to "included as part of the application"). No changes were made to
documentation requirements.
9. W AC 173-360A-0430 (2)(b):  Eliminated the requirement added in the proposed rule for owners and
operators to contact a corrosion expert within twenty-four hours when a cathodic protection system fails a
cathodic protection test.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 2 / 10510. WAC 173-360A-0430 (3)(b)(i): Changed the requirement added in the proposed rule to allow owners
and operators to contact a cathodic protection tester instead of a corrosion expert when a rectifier inspection
indicates that the system is not operating properly .
11. WAC 173-360A-0450 (5)(b), 173-360A-0460 (5)(b), 173-360A-0470 (5)(b), 173-360A-0480 (6)(b):
Edited language specifying compliance dates for testing of containment sumps used for interstitial monitoring,
testing of spill prevention equipment, inspections of overfill prevention equipment, and testing of release
detection equipment. No changes were made to the compliance dates.
12. WAC 173-360A-0470(1):  Specified purpose of the inspections of overfill prevention equipment.
13. WAC 173-360A-0480(6): Edited language by making subsection header (compliance dates) plural
instead of singular .
14. WAC 173-360A-0480(6): Specified that testing of automatic line leak detectors is an existing
requirement that must continue to be complied with. All other testing of release detection equipment must begin
by the specified compliance dates.
15. WAC 173-360A-0920:  In Table 920-1, edited the description of the UST system service "Installing
UST systems or components" by deleting "except cathodic protection."
16. WAC 173-360A-0920: In Table 920-1, edited footnote (1). No changes were made to the
requirement.
17. W AC 173-360A-1005 (7) and (1 1): Edited language in definitions of "local government" and
"property damage" by adding preposition "to" in the first sentence.
A final cost-benefit analysis is available by contacting Kristopher Grinnell, Department of Ecology ,
Toxics Cleanup Program, P .O. Box 47600, Olympia, W A 98504-7600, phone 360-407-7382, people with speech
disability may call TTY 877-833-6341, people with impaired hearing may call W ashington relay service 71 1,
email USTrule@ecy .wa.gov , web site
https://fortress.wa.gov/ecy/publications/SummaryPages/1809058.htmll[html].
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0;
Federal Rules or Standards: New 59, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 67,
Amended 0, Repealed 2.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed
0.
Number of Sections Adopted on the Agency's own Initiative: New 43, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify , Streamline, or Reform Agency Procedures: New 1 13,
Amended 0, Repealed 89.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule
Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 18, 2018.
Maia D. Bellon
Director
by Polly Zehm
REPEALER
The following chapter of the W ashington Administrative Code is repealed:
WAC 173-360-100 Purpose and authority.
WAC 173-360-105 Intergovernmental agreements.
WAC 173-360-110 Applicability, exemptions, and deferrals.
WAC 173-360-120 Definitions.
WAC 173-360-130 Tank permits and delivery of regulated substances.
WAC 173-360-140 Investigation and access.
WAC 173-360-150 Compliance monitoring.
WAC 173-360-160 Enforcement.
WAC 173-360-165 Delivery prohibition.
WAC 173-360-170 Penalties.
WAC 173-360-180 Public participation and information sharing.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 3 / 105WAC 173-360-190 Annual tank fees.
WAC 173-360-200 Notification requirements.
WAC 173-360-210 Reporting and recordkeeping requirements.
WAC 173-360-300 Performance standards for deferred UST systems.
WAC 173-360-305 Performance standards for new UST systems.
WAC 173-360-310 Upgrading requirements for existing UST systems.
WAC 173-360-315 Spill and overfill control requirements.
WAC 173-360-320 Operation and maintenance of corrosion protection.
WAC 173-360-323 Compatibility.
WAC 173-360-325 Repairs of UST systems.
WAC 173-360-330 Release detection compliance schedule.
WAC 173-360-335 Release detection for petroleum UST systems.
WAC 173-360-340 Release detection for hazardous substance UST systems.
WAC 173-360-345 Methods of release detection for tanks.
WAC 173-360-350 Methods of release detection for piping.
WAC 173-360-355 Release detection recordkeeping.
WAC 173-360-360 Reporting of suspected releases.
WAC 173-360-365 Investigation due to offsite impacts.
WAC 173-360-370 Release investigation and confirmation steps.
WAC 173-360-372 Reporting of confirmed releases.
WAC 173-360-375 Cleanup and reporting of spills and overfills.
WAC 173-360-380 Temporary closure of UST systems.
WAC 173-360-385 Permanent closure and change-in-service.
WAC 173-360-390 Site assessment at closure or change-in-service.
WAC 173-360-395 Applicability to previously closed UST systems.
WAC 173-360-398 Closure records.
WAC 173-360-399 Corrective action requirements.
WAC 173-360-400 Applicability.
WAC 173-360-403 Compliance dates.
WAC 173-360-406 Amount and scope of required financial responsibility.
WAC 173-360-410 Allowable mechanisms and combinations of mechanisms.
WAC 173-360-413 Financial test of self-insurance.
WAC 173-360-416 Guarantee.
WAC 173-360-420 Insurance and risk retention group coverage.
WAC 173-360-423 Surety bond.
WAC 173-360-426 Letter of credit.
WAC 173-360-433 Trust fund.
WAC 173-360-436 Standby trust fund.
WAC 173-360-440 Substitution of financial assurance mechanisms by owner or operator.
WAC 173-360-443 Cancellation or nonrenewal by a provider of financial assurance.
WAC 173-360-446 Reporting by owner or operator.
WAC 173-360-450 Recordkeeping.
WAC 173-360-453 Drawing on financial assurance mechanisms.
WAC 173-360-456 Release from the requirements.
WAC 173-360-460 Bankruptcy or other incapacity of owner or operator.
WAC 173-360-463 Replenishment of guarantees, letters of credit, or surety bonds.
WAC 173-360-466 Suspension of enforcement.
WAC 173-360-470 Appendix A—Letter from chief financial officer.
WAC 173-360-473 Appendix B—Guarantee.
WAC 173-360-476 Appendix C—Endorsement.
WAC 173-360-480 Appendix D—Certificate of insurance.
WAC 173-360-483 Appendix E—Performance bond.
WAC 173-360-486 Appendix F—Irrevocable standby letter of credit.
WAC 173-360-490 Appendix G—Trust agreement.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 4 / 105WAC 173-360-493 Appendix H—Certification of acknowledgment.
WAC 173-360-496 Appendix I—Certification of financial responsibility.
WAC 173-360-499 Appendix J—Certification of valid claim.
WAC 173-360-500 Local delegation of underground storage tank programs.
WAC 173-360-510 Environmentally sensitive areas.
WAC 173-360-520 Physical criteria for environmentally sensitive areas.
WAC 173-360-530 Application for designation of environmentally sensitive area and
approval of local regulations.
WAC 173-360-600 Purpose of Part VI.
WAC 173-360-610 Scope.
WAC 173-360-620 Types of certifications.
WAC 173-360-630 Responsibilities of certified UST supervisors.
WAC 173-360-670 Penalties.
WAC 173-360-700 Purpose and applicability.
WAC 173-360-710 Designation of operators.
WAC 173-360-720 Timing of operator training.
WAC 173-360-730 Training requirements for operators.
WAC 173-360-740 Retraining requirements for Class A and Class B operators.
WAC 173-360-745 Operation and maintenance plans.
WAC 173-360-750 Emergency response requirements.
WAC 173-360-760 Documentation and recordkeeping.
WAC 173-360-800 Purpose and applicability.
WAC 173-360-810 Secondary containment of tanks.
WAC 173-360-820 Secondary containment of piping.
WAC 173-360-830 Under-dispenser containment.
Chapter 173-360A W AC
UNDERGROUND ST ORAGE T ANK REGULA TIONS
PART 1
PURPOSE AND SCOPE
NEW SECTION
WAC 173-360A-0100 Purpose of chapter .
This chapter is promulgated under the authority of chapter 90.76  RCW and establishes a statewide
under ground storage tank program that is intended, at a minimum, to meet the legislature's intent to:
(1) Address the serious threat to human health and the environment posed by leaking under ground
storage tanks containing petroleum and other regulated substances;
(2) Meet the requirements for delegation of the federal under ground storage tank program of the
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.);
(3) Be consistent with and no less stringent than the requirements in the federal regulations and the
Under ground Storage T ank Compliance Act of 2005 (42 U.S.C. Sec. 15801 et seq., Ener gy Policy Act of 2005,
P.L. 109-58, T itle XV , Subtitle B); and
(4) Allow for the establishment of local requirements more stringent than the statewide requirements to
protect environmentally sensitive areas.
NEW SECTION8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 5 / 105WAC 173-360A-01 10Applicability of chapter .
The requirements of this chapter apply to all owners and operators of an UST system, except as
otherwise provided in this section.
(1) Exempt UST systems.  The following UST systems are exempt from all of the requirements of this
chapter:
(a) Any UST system holding hazardous wastes subject to Subtitle C of the Solid W aste Disposal Act (42
U.S.C. Sec. 6921 through 6939e), or a mixture of such hazardous waste and other regulated substances;
(b) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under
Section 307(b) or 402 of the Clean W ater Act (33 U.S.C. Sec. 1317(b) or 1342);
(c) Any storage tank situated in an under ground area (such as a basement, cellar , vault, mineworking,
drift, shaft, or tunnel) upon or above the surface of the floor so that routine physical inspection of the exterior of
the tank is possible;
(d) Any UST system used solely for heating structures on the property where the system is located;
(e) Any farm or residential UST system with a capacity of one thousand one hundred gallons or less used
for storing motor fuel for noncommercial purposes;
(f) Any UST system with a capacity of one hundred ten gallons or less;
(g) Any UST system that contains a de minimis concentration of regulated substances;
(h) Any emer gency spill or overflow containment UST system that is expeditiously emptied after use;
(i) Any equipment or machinery that contains regulated substances for operational purposes such as
hydraulic lift tanks and electrical equipment tanks;
(j) Any flow-through process tank;
(k) Any septic tank;
(l) Any stormwater or wastewater collection system;
(m) Any surface impoundment, pit, pond, or lagoon;
(n) Any liquid traps or associated gathering lines directly related to oil or gas production and gathering
operations; and
(o) Any pipeline facility (including gathering lines):
(i) Which is regulated under 49 U.S.C. chapter 601; or
(ii) Which is an intrastate pipeline facility regulated under state laws as provided in 49 U.S.C. chapter
601, and which is determined by the Secretary of T ransportation to be connected to a pipeline, or to be operated
or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline.
(2) Partially exempt UST systems.
(a) The following UST systems are partially exempt and subject only to the requirements of this chapter
specified in (b) of this subsection:
(i) Any wastewater treatment tank system not regulated under Section 307(b) or 402 of the Clean W ater
Act (33 U.S.C. Sec. 1317(b) or 1342);
(ii) Any UST system containing radioactive material that is regulated under the Atomic Ener gy Act of
1954 (42 U.S.C. Sec. 201 1 et seq.);
(iii) Any UST system that is part of an emer gency power generator system at a nuclear power generation
facility licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission
requirements regarding design and quality criteria, including 10 C.F .R. Part 50; and
(iv) Any aboveground storage tanks associated with previously deferred UST systems, as defined in
WAC 173-360A-0150(53).
(b) The partially exempt UST systems identified in (a) of this subsection are subject only to the following
requirements of this chapter:
(i) W AC 173-360A-0200 (Licensing of UST systems);
(ii) W AC 173-360A-0210 (Fees for UST systems);
(iii) W AC 173-360A-0220 (Facility compliance tags);
(iv) W AC 173-360A-0240(3) (A vailability of records);
(v) W AC 173-360A-0250 (Compliance monitoring, investigation, and access);
(vi) W AC 173-360A-0270 (Enforcement);
(vii) W AC 173-360A-0280 (Delivery prohibition);
(viii) W AC 173-360A-0290 (Civil penalties);8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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(x) W AC 173-360A-0340 (Performance standards for partially exempt UST systems), except for:
(A) Aboveground storage tanks associated with previously deferred UST systems; and
(B) UST systems for which installation commenced on or before December 22, 1988;
(xi) W AC 173-360A-0400(1) and 173-360A-0405(1) (Authority to deliver or deposit regulated
substances);
(xii) W AC 173-360A-0750 (Reporting and cleanup of confirmed releases);
(xiii) W AC 173-360A-0810(5) (Partially exempt UST systems – Notice of permanent closure);
(xiv) W AC 173-360A-0820(5) (Partially exempt UST systems – Notice of change-in-service); and
(xv) Part 10 of this chapter (Financial responsibility).
(3) Previously deferr ed UST system compliance dates.
(a) Owners and operators of previously deferred UST systems, as defined in W AC 173-360A-0150(53),
installed on or before October 1, 2018, must comply with the requirements of this chapter in accordance with the
schedule in T able 01 10-1.
Table 01 10-1: Pr eviously Deferr ed UST System
Compliance Dates
Requirements Compliance Date
Part 1 (purpose and scope)October 1, 2018
Part 2 (administration and
enforcement)October 1, 2018
Part 3 (installation and
performance standards)October 1, 2021
Part 4 (operation and
maintenance)October 1, 2021
Part 5 (operator training) October 1, 2021
Part 6 (release detection) October 1, 2021
Part 7 (release reporting,
confirmation, and cleanup)October 1, 2018
Part 8 (closure) October 1, 2018
Part 9 (service providers) October 1, 2018
Part 10 (financial
responsibility)October 1, 2018
(b) Owners and operators of previously deferred UST systems installed after October 1, 2018, must
comply with the requirements of this chapter upon installation.
NEW SECTION
WAC 173-360A-0120 Preemption of local pr ograms.
This chapter supersedes and preempts any state or local under ground storage tank law , ordinance, or
resolution governing any aspect of regulation covered by this chapter except:
(1) Provisions of the International Fire Code adopted under chapter 19.27  RCW that are not more
stringent than and do not directly conflict with the provisions of this chapter;
(2) Local laws, ordinances, and resolutions pertaining to local authority to take immediate action in
response to a release of a regulated substance;
(3) Local laws, ordinances, and resolutions pertaining to permits and fees for the use of under ground
storage tanks in street right of ways that were in ef fect on July 1, 1990;
(4) City , town, or county under ground storage tank ordinances that are more stringent than the federal
regulations and the uniform fire code adopted under chapter 19.27  RCW and were in ef fect on November 1,
1988. Under chapter 90.76  RCW , local jurisdictions were required to notify the department of the existence of
such ordinances by July 1, 1989. The department received notification from the city of Redmond, and city of
Renton, the city of Spokane, Spokane County , and T acoma-Pierce County; and8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 7 / 105(5) Local laws, ordinances, and resolutions pertaining to the protection of environmentally sensitive areas
that are more stringent than the requirements of this chapter and have been approved by the department under
WAC 173-360A-0130.
NEW SECTION
WAC 173-360A-0130 Appr oval of mor e stringent local r equir ements.
A city , town, or county may adopt ordinances or resolutions establishing requirements for UST systems
within an environmentally sensitive area that are more stringent than the statewide requirements of this chapter ,
if approved by the department under this section. Designation of an environmentally sensitive area under this
section is solely for the purposes of implementing chapter 90.76  RCW .
(1) Application.  Any city , town, or county may apply to the department to have an area within its
jurisdictional boundaries designated an environmentally sensitive area. A city , town, or county may also submit
a joint application with any other city , town, or county for joint administration under chapter 39.34  RCW of a
single environmentally sensitive area located in both jurisdictions.
(a) Requir ed information.  The application for designation of an environmentally sensitive area and
approval of more stringent UST system requirements must consist of a concise, factual report that provides
sufficient information for the department to make a determination. The application must include the following:
(i) A description and map of the area to be designated and where within the area the more stringent UST
system requirements would apply;
(ii) A description of the physical characteristics of the area, including any available maps of under ground
water resources and rechar ge areas, and an explanation of why those characteristics make it especially
vulnerable to the threats posed by releases from UST systems, considering the criteria in subsection (2) of this
section;
(iii) A description of the more stringent requirements that would apply to UST systems in the area, and
an explanation of why more stringent requirements are necessary to protect the area, considering:
(A) The possible impacts of contaminated groundwater on human health and the environment;
(B) Whether the statewide requirements of this chapter are suf ficient to prevent releases that may
contaminate the groundwater; and
(C) A description of any other measures in place or considered to protect groundwater or surface water
from environmental threats;
(iv) Any written comments submitted by the public on the proposed designation under subsection (3) of
this section, and an explanation of how those comments were addressed; and
(v) Documentation of coordination with af fected state and local agencies and water user groups under
subsection (3) of this section.
(b) Additional information.  The department may require additional information from the applicant if
necessary to adequately evaluate the proposal. This information may include the following:
(i) The geographic limits of the groundwater rechar ge zone;
(ii) The geographic limits of the under ground water resource;
(iii) The geology within both the rechar ge zone and the under ground water resource;
(iv) The location, yield, well depth, and present use of wells within the limits of the threatened
under ground water resource;
(v) The estimated capacity of the under ground water resource;
(vi) The location, type, and number of UST systems in the area; and
(vii) Such other information the department deems necessary .
(2) Designation criteria.  When applying to the department to designate an environmentally sensitive
area, the applicant must demonstrate that the physical characteristics of the area make it especially vulnerable to
the threats posed by releases from UST systems and that more stringent requirements for UST systems are
necessary to protect the area. T o do this, the applicant must demonstrate either:
(a) That the area is designated as a sensitive area for the purposes of protecting groundwater or surface
water from pollution under another statute or regulation. If this demonstration is made, then the department must
approve its designation as an environmentally sensitive area. Those areas include the following:
(i) An aquifer identified as the primary source of supply for public water supply systems;8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 8 / 105(ii) An aquifer underlying a critical water supply service area where the coordinated water system plan
established pursuant to chapter 70.116 RCW has identified a need for a groundwater management program;
(iii) An aquifer designated as a sole source aquifer by the U.S. Environmental Protection Agency;
(iv) An area designated as a certified groundwater management area under chapter 173-100 W AC; and
(v) An area designated as an aquifer protection area under chapter 36.36  RCW ; or
(b) That the area meets one or more of the following criteria. If this demonstration is made, then the
department must evaluate the application based on the overall sensitivity of the environment and the need for
more stringent requirements:
(i) The groundwater underlying the area is vulnerable to releases from UST systems based on the
hydrogeological characteristics of the area, including the following:
(A) Whether the area is a rechar ge area for underlying groundwater;
(B) The depth to groundwater;
(C) The permeability of the soils;
(D) The amount of precipitation;
(E) The direction and quantity of groundwater flow; and
(F) The presence of aquitards;
(ii) Proximity of the area to surface water that is hydrogeologically connected to groundwater if releases
from an UST system may reasonably reach such groundwater based on the hydrogeological characteristics of the
area;
(iii) Proximity of the area to surface water and wetlands;
(iv) The area is located within a one hundred-year flood plain; or
(v) Other criteria published by the department.
(3) Public involvement.  Before submitting an application for designation and approval of more stringent
UST system requirements under subsection (1) of this section, the applicant must:
(a) Provide the public, af fected local, state, and tribal agencies, and af fected water user groups adequate
notice and opportunity to comment on the application; and
(b) Hold at least one public hearing for the purpose of receiving comments on the application from such
persons.
(4) Review and appr oval.
(a) Completeness.  Within thirty days of receiving an application, the department must review the
application for completeness and request any additional information needed in order for the application to be
complete.
(b) Public hearing.  Before approving or disapproving the application, the department may , at its
discretion, hold an additional public hearing in the jurisdiction where the environmentally sensitive area is
proposed.
(c) Determination.  The department must approve or disapprove the application. The department's
determination must be based on:
(i) Review of the application and any comments received;
(ii) Whether the area to be designated meets the definition of an environmentally sensitive area, based on
the criteria specified in this section; and
(iii) Whether the proposed more stringent UST system requirements are necessary and reasonably
consistent with previously approved local regulations for similar environmentally sensitive areas.
(d) Resubmittal.  Applications disapproved by the department may be modified by the local government
and resubmitted to the department for approval.
(5) Applicability of appr oved pr ograms.  Proposed local ordinances and resolutions become ef fective
when approved by the department. An approved local ordinance or resolution may only apply to UST systems
installed after the ef fective date of the ordinance or resolution.
(6) Local tank fees.  A city , town, or county with an approved ordinance or resolution under this section
may establish an annual local tank fee in the environmentally sensitive area, subject to the approval of the
department. T o be approved, the annual local tank fee must not exceed fifty percent of the annual state tank fee,
and must be demonstrated to be necessary for enhanced program administration and enforcement. Annual local
tank fees authorized and collected under this section must be deposited in the state under ground storage tank
account, established under RCW 90.76.100 .8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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WAC 173-360A-0140 Intergovernmental agr eements.
In order to fully implement this chapter , and to protect surface and groundwater resources that may cross
jurisdictional boundaries, the department may negotiate and enter into cooperative agreements with Indian tribal
governments, adjacent states, and Canadian governmental agencies. Such cooperative agreements do not af fect
the regulatory jurisdiction of any party thereto with regard to any civil or criminal matters otherwise exercised
by any party . Inter governmental agreements must further the purpose of this chapter , serve to establish a
framework for inter governmental coordination and cooperation, and serve to minimize duplication and
efficiently utilize program resources to manage under ground storage tanks and protect surface and groundwater
resources.
NEW SECTION
WAC 173-360A-0150 Definitions.
For the purposes of this chapter , the following definitions apply unless the context clearly requires
otherwise.
(1) "Airport hydrant fuel distribution system"  or "airport hydrant system"  means an UST system
which fuels aircraft and operates under high pressure with lar ge diameter piping that typically terminates into
one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from
an external source such as a pipeline, bar ge, railcar , or other motor fuel carrier .
(2) "Ancillary equipment"  means any devices including spill prevention equipment, overfill prevention
equipment, corrosion protection equipment, release detection equipment, containment sumps, and such devices
as piping, fittings, flanges, valves, and pumps used to distribute, meter , or control the flow of regulated
substances to and from an UST .
(3) "Cathodic pr otection"  means a technique to prevent corrosion of a metal surface by making that
surface the cathode of an electrochemical cell. For example, an UST system can be cathodically protected
through the application of either galvanic anodes or impressed current.
(4) "Cathodic pr otection tester"  means an individual who can demonstrate an understanding of the
principles and measurements of all common types of cathodic protection systems as applied to buried or
submer ged metal piping and tank systems. At a minimum, such individuals must have suf ficient education in
and experience with soil resistivity , stray current, structure-to-soil potential, component electrical isolation
measurements of buried metal piping and tank systems. Such individuals must be certified in accordance with
WAC 173-360A-0930(6).
(5) "Change-in-service"  means to change the substances stored in an UST system from regulated
substances to unregulated substances.
(6) "Class A operator"  means an individual designated by an UST system owner or operator as having
primary responsibility for the operation and maintenance of the system. The Class A operator typically manages
resources and personnel, such as establishing work assignments, to achieve and maintain compliance with
regulatory requirements.
(7) "Class B operator"  means an individual designated by an UST system owner or operator as having
control of or responsibility for the day-to-day operation and maintenance of the system. The Class B operator
typically performs or ensures the performance of operation and maintenance activities at a UST facility ,
maintains records of those activities, and reports those activities to the department.
(8) "Class C operator"  means an individual responsible for initially responding to alarms or other
indications of emer gencies caused by spills, overfills, leaks, or releases from an UST system. The Class C
operator typically controls or monitors the dispensing or sale of regulated substances from the system.
(9) "Code of practice"  means the most recent edition of a code of practice developed by a nationally or
internationally recognized association or independent testing laboratory available at the time an UST system
service is performed.
(10) "Compatible"  means the ability of two or more substances or materials to maintain their respective
physical and chemical properties upon contact with one another for the design life of the UST system under
conditions likely to be encountered in the UST system.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 10 / 105(11) "Connected piping"  means all under ground piping including valves, elbows, joints, flanges, and
flexible connectors attached to an UST system through which regulated substances flow . For the purpose of
determining how much piping is connected to any individual UST system, the piping that joins two UST
systems should be allocated equally between them.
(12) "Containment sump"  means a liquid-tight container that protects the environment by containing
leaks and spills of regulated substances from piping, dispensers, pumps, and related components in the
containment area. Containment sumps may be single walled or secondarily contained and located at the top of
tank (tank top or submersible turbine pump sump), underneath the dispenser (under -dispenser containment
sump), or at other points in the piping run (transition or intermediate sump).
(13) "Corr osion expert"  means an individual who, by reason of a thorough knowledge of the physical
sciences and the principles of engineering and mathematics acquired by a professional education and related
practical experience, is qualified to engage in the practice of corrosion control on buried or submer ged metal
piping systems and metal tanks. Such individuals must be certified in accordance with W AC 173-360A-0930(5).
(14) "Decommission"  means to permanently take a tank or pipe out of operation.
(15) "Department"  means the department of ecology .
(16) "Dielectric material"  means a material that does not conduct direct electrical current. Dielectric
coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to
electrically isolate portions of the UST system (e.g., tank from piping).
(17) "Dispenser"  means a device used to dispense regulated substances from an UST system.
(18) "Dispenser system"  means a dispenser and the aboveground equipment necessary to connect the
dispenser to an UST system, including check valves, shear valves, unburied risers, flexible connectors, and other
transitional components.
(19) "Double-walled tanks"  and "double-walled piping"  mean tanks and piping consisting of an inner
wall and an outer wall with an interstitial space capable of being monitored for leaks.
(20) "Electrical equipment"  means, for the purposes of the exemption described in W AC 173-360A-
0110 (1)(i), under ground equipment that contains dielectric fluid that is necessary for the operation of equipment
such as transformers and buried electrical cable.
(21) "Envir onment"  means the term as defined in W AC 173-340-200.
(22) "Excavation zone"  means the volume containing the UST system and backfill material bounded by
the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of
installation.
(23) "Existing UST system"  means an UST system used to contain an accumulation of regulated
substances or for which installation had commenced on or before December 22, 1988. Installation is considered
to have commenced if:
(a) The owner or operator had obtained all federal, state, and local approvals or permits necessary to
begin physical construction at the UST facility or installation of the UST system; and
(b) Either a continuous on-site physical construction or installation program had begun or the owner or
operator had entered into contractual obligations—which cannot be canceled or modified without substantial
loss—for physical construction at the UST facility or installation of the UST system to be completed within a
reasonable time.
(24) "Facility compliance tag"  means a white-colored metal plate with a green-colored identification
number issued by the department for display at a UST facility in a location clearly visible to the product
deliverer and persons withdrawing waste oil. Each UST facility is identified by a facility compliance tag. Except
as otherwise provided in this chapter , it is unlawful for regulated substances to be delivered or deposited into an
UST system, or withdrawn from a waste oil UST system, at a UST facility without a valid and properly
displayed facility compliance tag.
(25) "Farm UST system"  means an UST system located on a tract of land devoted to the production of
crops or raising animals, including fish, and associated residences and improvements. A farm UST system must
be located on the farm property and used for farm purposes. "Farm" includes fish hatcheries, rangeland, and
nurseries with growing operations. It does not include laboratories where animals are raised, land used to grow
timber , pesticide aviation operations, retail stores or garden centers where nursery products are marketed but not
grown, cemeteries, golf courses, or other facilities dedicated primarily to recreation or aesthetics, or other
nonagricultural activities.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 1 1 / 105(26) "Field-constructed tank"  means an under ground storage tank that is constructed in the field. For
example, the following are considered field-constructed tanks: A tank constructed of concrete that is poured in
the field, or a steel or fiber glass tank primarily fabricated in the field.
(27) "Flow-thr ough pr ocess tank"  means a tank that forms an integral part of a production process
through which there is a steady , variable, recurring, or intermittent flow of materials during the operation of the
process. Flow-through process tanks do not include tanks used for the storage of materials prior to their
introduction into the production process or for the storage of finished products or by-products from the
production process.
(28) "Free pr oduct"  means the term as defined in W AC 173-340-200.
(29) "Gathering lines"  means any pipeline, equipment, facility , or building used in the transportation of
oil or gas during oil or gas production or gathering operations.
(30) "Groundwater"  means the term as defined in W AC 173-340-200.
(31) "Hazardous substance"  means any substance defined in section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601(14)). However , the term does
not include any substance regulated as a hazardous waste under Subtitle C of the Solid W aste Disposal Act (42
U.S.C. Sec. 6921 through 6939e) or any mixture of such hazardous wastes and other regulated substances.
(32) "Hazardous substance UST system"  means an UST system that contains a hazardous substance or
any mixture of such substances and petroleum, and which is not a petroleum UST system.
(33) "Hydraulic lift tank"  means a tank holding hydraulic fluid for a closed-loop mechanical system
that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
(34) "Include"  means including, but not limited to.
(35) "Install"  means placing an UST system or any UST system component in position and preparing it
to be placed into operation.
(36) "Interstitial space"  means the space between the primary and secondary containment systems
(e.g., the space between the inner and outer walls of a tank or pipe).
(37) "License"  means the business license under ground storage tank endorsement issued by the
department of revenue under chapter 19.02  RCW .
(38) "Liquid trap"  means sumps, well cellars, and other traps used in association with oil and gas
production, gathering, and extraction operations (including gas production plants), for the purpose of collecting
oil, water , and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or
reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
(39) "Maintenance"  means the normal operational upkeep to prevent an UST system from releasing a
regulated substance.
(40) "Motor fuel"  means a complex blend of hydrocarbons typically used in the operation of a motor
engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or
more of these substances (for example: Motor gasoline blended with alcohol).
(41) "New UST system"  means an UST system that will be used to contain an accumulation of
regulated substances and for which installation commenced after December 22, 1988. (See also "existing tank
system.")
(42) "Noncommer cial purposes"  with respect to motor fuel means not for resale.
(43) "Operational life"  means the period beginning when installation of an UST system has
commenced and ending when the UST system is permanently closed or under goes a change-in-service.
(44) "Operator"  means any person in control of, or having responsibility for , the daily operation of the
UST system.
(45) "Owner"  means:
(a) In the case of an UST system in use before November 8, 1984, but no longer in use on that date, any
person who owned the UST system immediately before the discontinuation of its use;
(b) In the case of an UST system in use on November 8, 1984, or brought into use after that date, any
person who:
(i) Currently owns the UST system; or
(ii) Owned the UST system immediately before its permanent closure or change-in-service; and
(c) In the event that the owner of an UST system cannot be physically located, any person who owns the
property where the UST system is located.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 12 / 105The term "owner" does not include any person who holds indicia of ownership primarily to protect the
person's security interest in the UST system or the UST facility or property where the UST system is located.
The person holding indicia of ownership cannot participate in the management of an UST system or be engaged
in petroleum production, refining, and marketing.
(46) "Permanently closed UST system"  means:
(a) In the case of an UST system taken out of operation before December 22, 1988, the UST system was
substantially emptied of regulated substances or permanently altered structurally to prevent reuse;
(b) In the case of an UST system taken out of operation on or after December 22, 1988, and before
December 29, 1990, the UST system was permanently closed in accordance with 40 C.F .R. Sec. 280; and
(c) In the case of an UST system taken out of operation on or after December 29, 1990, the UST system
was permanently closed in accordance with this chapter .
(47) "Person"  means an individual, trust, firm, joint stock company , corporation, association,
partnership, consortium, joint venture, commercial entity , state, municipality , commission, political subdivision
of a state, interstate body , federal government, or agency of the federal government.
(48) "Petr oleum"  means crude oil or any fraction thereof that is liquid at standard conditions of
temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute) and any product
comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel
oils, lubricants, petroleum solvents, and used oils. The term does not include propane or asphalt or any other
product that is not liquid at standard conditions of temperature and pressure.
(49) "Petr oleum UST system"  means an UST system that contains petroleum or a mixture of petroleum
with de minimis quantities of other regulated substances. Such systems include those containing motor fuels, jet
fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
(50) "Pipe"  or "piping"  means a hollow cylinder or tubular conduit that is constructed of nonearthen
materials.
(51) "Pipeline facilities (including gathering lines)"  means any new and existing pipe rights of way
and any associated equipment, facilities, or buildings.
(52) "Piping run"  means all under ground piping connecting an individual submersible pump or suction
stub to an associated dispenser system or other end-use equipment.
(53) "Previously deferr ed UST system"  means an UST system with field-constructed tanks or an
airport hydrant fuel distribution system.
(54) "Product deliver er" means any person who delivers or deposits product into an UST system. This
term includes major oil companies, jobbers, petroleum transportation companies, or other product delivery
entities.
(55) "Rectifier adjustment"  means any adjustment or maintenance of a rectifier that is part of an
impressed current cathodic protection system, including any adjustment of voltage or amperage or replacement
of fuses or diodes. Rectifier adjustments are a type of repair .
(56) "Red tag"  means a red-colored tag or device on the fill pipe of an UST system that clearly
identifies the system as ineligible for product delivery or waste oil withdrawal. The tag or device is tamper
resistant and is easily visible to the product deliverer and persons withdrawing waste oil. The tag or device
clearly states and conveys, as applicable, that it is unlawful for regulated substances to be delivered or deposited
into an UST system or withdrawn from a waste oil UST system.
(57) "Regulated substance"  means:
(a) Petroleum;
(b) Hazardous substances; and
(c) Mixtures of petroleum and hazardous substances.
(58) "Release"  means any spilling, overfilling, leaking, emitting, dischar ging, escaping, leaching, or
disposing of regulated substances from an UST system into the environment.
(59) "Release detection"  means determining whether a release of a regulated substance has occurred
from the UST system into the environment or a leak has occurred into the interstitial space between the UST
system and its secondary containment.
(60) "Remedial action"  means the term as defined in W AC 173-340-200.
(61) "Repair"  means to restore to proper operating condition a tank, pipe, spill prevention equipment,
overfill prevention equipment, corrosion protection equipment, release detection equipment, containment sump,8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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failed to function properly .
(62) "Residential UST system"  means an UST system located on property used primarily for dwelling
purposes. Such properties do not include dormitories, convents, mobile parks, apartments, hotels and similar
facilities, unless the UST system is used by the owner solely for his or her own personal use, rather than to
maintain the overall facility .
(63) "Secondary containment"  means a release prevention system for tanks and piping consisting of an
inner barrier and an outer barrier with an interstitial space capable of being monitored for leaks. This term
includes containment sumps when used for interstitial monitoring of piping.
(64) "Septic tank"  means a water -tight covered receptacle designed and used to receive or process,
through liquid separation or biological digestion, the sewage dischar ged from a building sewer . The ef fluent
from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are
pumped out periodically and hauled to a treatment facility .
(65) "Service pr ovider"  means an individual who is certified to perform or directly supervise the
performance of UST system services under W AC 173-360A-0920 and 173-360A-0930.
(66) "Site assessment"  means an investigation of the environment around an UST system to determine
whether there has been a release of regulated substances from the system into the environment and whether a
release may pose a threat to human health or the environment.
(67) "Site check"  means a type of site assessment performed when a release from an UST system is
suspected.
(68) "Stormwater or wastewater collection system"  means piping, pumps, conduits, and any other
equipment necessary to collect and transport the flow of surface water run-of f resulting from precipitation, or
domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is
designated to occur . The collection of stormwater and wastewater does not include treatment except where
incidental to conveyance.
(69) "Surface impoundment"  means a natural topographic depression, excavation, or diked area
formed primarily of earthen materials (although it may be lined with synthetic materials) that is not an injection
well.
(70) "Tank"  is a stationary device designed to contain an accumulation of regulated substances and
constructed of nonearthen materials (e.g., concrete, steel, plastic) that provide structural support.
(71) "Temporarily closed UST system"  means an UST system that has been taken out of operation and
will be returned to operation, under go a change-in-service, or be permanently closed in the future.
(72) "Tightness testing"  means a procedure for testing the ability of an UST system component to
prevent an inadvertent release of regulated substances into the environment or an intrusion of groundwater into
an UST system.
(73) "Under -dispenser containment"  or "UDC"  means containment underneath a dispenser system
designed to prevent leaks from the dispenser and piping within or above the UDC from reaching the
environment.
(74) "Undergr ound storage tank"  or "UST"  means any one tank or combination of tanks (including
under ground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the
volume of which (including the volume of under ground pipes connected thereto) is ten percent or more beneath
the ground surface or otherwise covered by earthen materials.
(75) "Upgrade"  means the addition or retrofit of an UST system component, such as corrosion
protection equipment, release detection equipment, or spill and overfill prevention equipment, to improve the
ability of an UST system to prevent the release of regulated substances.
(76) "UST facility"  means the location where one or more UST systems are or will be installed. The
term encompasses all contiguous real property under common ownership associated with the operation of the
UST system or systems.
(77) "UST system"  or "tank system"  means an under ground storage tank, connected under ground
piping, under ground ancillary equipment, and containment system, if any .
(78) "UST system component"  means a component of an UST system, including any under ground
storage tanks, connected under ground piping, under ground ancillary equipment, and containment systems.
(79) "UST system services"  means the services performed on an UST system requiring the use of a
service provider as specified in W AC 173-360A-0920.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 14 / 105(80) "Wastewater tr eatment tank system"  means a tank system that is designed to receive and treat
influent wastewater through physical, chemical, or biological methods.
NEW SECTION
WAC 173-360A-0190 Severability .
If any provision of this chapter or its application to any person or circumstance is held invalid, the
remainder of this chapter or the application of the provision to other persons or circumstances is not af fected.
PART 2
ADMINISTRA TION AND ENFORCEMENT
NEW SECTION
WAC 173-360A-0200 Licensing of UST systems.
(1) Requir ement for a license.  An owner or operator must maintain a license for each tank until the
UST system has under gone permanent closure or a change-in-service. W ithout the prior written authorization of
the department, an UST system may not be operated without a license for each tank. Possession of a license does
not preclude enforcement against owners and operators under this chapter , chapter 90.76  RCW , or other laws.
(2) Eligibility for a license.  To be eligible for a license, an UST system must be in compliance with the
requirements of this chapter and chapter 90.76  RCW .
(3) Application for a license.
(a) An owner or operator must apply for a license within thirty days of the following:
(i) Installation of an UST system or tank; or
(ii) Change in the owner or operator that is the licensee.
(b) T o apply for a license, an owner or operator must submit the following to the department of revenue:
(i) Business license application;
(ii) Under ground storage tank addendum;
(iii) Certification of financial responsibility and, if applicable, certificate of insurance or endorsement
(WAC 173-360A-1045 (1)(a));
(iv) Annual tank fees (W AC 173-360A-0210) and any other applicable fees identified by the department
of revenue (W AC 458-02-200(2)); and
(v) When applying upon installation of an UST system or a tank, the documentation required under W AC
173-360A-0300 (5)(a).
(c) Applications for UST systems located at dif ferent UST facilities must be submitted using separate
forms, one for each facility .
(4) Notification of changes in financial assurances.  Upon any change in the financial assurance
mechanism(s) used to demonstrate financial responsibility or upon receipt of a notice of cancellation or
termination of any such mechanism, the owner or operator must immediately notify the department of revenue in
accordance with W AC 173-360A-1045 (1)(b) and (c). Licenses will not be renewed and may be revoked without
proof of financial responsibility .
(5) Notification of changes in owners or operators that ar e not licensees.  When the owner or operator
that is not the licensee changes, the owner or operator must notify the department of ecology in writing within
thirty days.
(6) Renewal of a license.
(a) Licenses must be renewed annually . To renew a license, the owner or operator must submit the
following to the department of revenue:
(i) Renewal application; and8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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of revenue (W AC 458-02-200(2)).
(b) If a license is not renewed by the expiration date, the department of revenue may assess a
delinquency fee (W AC 458-02-200 (2) and (8)(b)). The department of ecology may also assess a penalty under
WAC 173-360A-0290.
(7) Display of a license.  Licenses must be displayed in a conspicuous place at the UST facility (RCW
90.76.020 (4) and W AC 458-02-200(7)).
(8) Revocation and appeals.  The department of ecology may revoke a license if an UST system is
violating any requirement of this chapter or chapter 90.76  RCW . The revocation of a license may be appealed to
the pollution control hearings board in accordance with chapter 43.21B  RCW .
NEW SECTION
WAC 173-360A-0210 Fees for UST systems.
(1) Payment.  Annually , the owner of an UST system must pay the following fees for each tank until the
system has under gone permanent closure or a change-in-service:
(a) The state tank fee specified by the department under subsection (3) of this section; and
(b) Any applicable local tank fee approved by the department under W AC 173-360A-0130(6).
(2) Disposition.  State and local tank fees collected under this section must be deposited in the account
established under RCW 90.76.100 .
(3) State tank fees.  Effective July 1, 2018, the state tank fee is one hundred seventy-three dollars and
eighty cents per tank. Annually , upon a finding by the department that a fee increase is necessary , the department
may increase the state tank fee up to the fiscal growth factor for the next year . The fiscal growth factor is
calculated by the of fice of financial management under RCW 43.135.025 . The department must publish the new
fee by March 1st before the year for which the new fee is ef fective. The new fee is ef fective from July 1st to
June 30th of every year .
(4) Preemption of local tank fees.  Except as provided under W AC 173-360A-0130(6), no local
government may levy an annual tank fee on the ownership or operation of an under ground storage tank.
NEW SECTION
WAC 173-360A-0220 Facility compliance tags.
(1) Requir ement for tag.  Without the prior written authorization of the department, regulated substance
may not be delivered or deposited into an UST system, or withdrawn from a waste oil UST system, at a UST
facility without a valid and properly displayed facility compliance tag.
(2) Eligibility for tag.  To be eligible for a facility compliance tag, a UST facility must be in compliance
with the requirements of this chapter and chapter 90.76  RCW .
(3) Issuance of tag.  The department will issue a facility compliance tag for a UST facility upon the
initial issuance of a license for an UST system at the facility under W AC 173-360A-0200.
(4) Display of tag.  A facility compliance tag must be displayed at a UST facility in a location that is
clearly visible to product deliverers and persons withdrawing waste oil.
(5) Revocation and appeals.  The department may revoke a facility compliance tag if a UST facility is
violating any requirement of this chapter or chapter 90.76  RCW . The revocation of a facility compliance tag may
be appealed to the pollution control hearings board in accordance with chapter 43.21B  RCW .
(6) Return upon temporary closur e of facility . Within thirty days of the temporary closure all UST
systems at a UST facility , owners and operators must return the facility compliance tag to the department if the
systems will be closed for more than ninety days. The department will reissue a facility compliance tag for the
UST facility in accordance with W AC 173-360A-0800 (5)(c).
(7) Return upon permanent closur e or change-in-service of facility . Within thirty days of the
permanent closure or change-in-service of all UST systems at a UST facility , owners and operators must return
the facility compliance tag to the department.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 16 / 105NEW SECTION
WAC 173-360A-0230 Reporting r equir ements.
(1) Licensing of UST systems.  An owner or operator must apply for and renew licenses for UST
systems and provide notice of any change in the owner or operator of an UST system in accordance with W AC
173-360A-0200.
(2) Changes to UST systems.  Owners and operators must notify the department of the following
changes in the status of an UST system in accordance with the applicable requirements of this chapter:
(a) Intent to install an UST system or a tank or piping run (W AC 173-360A-0300(1));
(b) Change in the regulated substance stored in an UST system and, if applicable, demonstration of
compatibility (W AC 173-360A-0410);
(c) Change in the release detection method used for a tank or pipe (W AC 173-360A-0600(4));
(d) T emporary closure of an UST system (W AC 173-360A-0800(1));
(e) Emptying of a temporarily closed UST system (W AC 173-360A-0800(2));
(f) Return to operation of a temporarily closed UST system (W AC 173-360A-0800 (5)(b)(ii));
(g) Intent to permanently close an UST system or a tank or piping run (W AC 173-360A-0810(1));
(h) Permanent closure of a partially exempt UST system (W AC 173-360A-0810(5));
(i) Intent to undertake a change-in-service of an UST system (W AC 173-360A-0820(1)); and
(j) Change-in-service of a partially exempt UST system (W AC 173-360A-0820(5)).
(3) UST system services.  Owners and operators must report the following UST system services to the
department in accordance with the applicable requirements of this chapter:
(a) Installations of UST systems or UST system components (W AC 173-360A-0300);
(b) Assessments of corrosion potential (W AC 173-360A-0310 (3)(c));
(c) Upgrades of existing UST systems (W AC 173-360A-0320);
(d) Upgrades of previously deferred UST systems (W AC 173-360A-0330);
(e) T ests of cathodic protection systems (W AC 173-360A-0430(2));
(f) Internal inspections of lined tanks (W AC 173-360A-0440);
(g) T ightness tests of containment sumps used for interstitial monitoring of piping (W AC 173-360A-
0450);
(h) T ightness tests of spill prevention equipment (W AC 173-360A-0460);
(i) Inspections of overfill prevention equipment (W AC 173-360A-0470);
(j) Tests of electronic or mechanical release detection equipment (W AC 173-360A-0480);
(k) Repairs of UST system components (W AC 173-360A-0490);
(l) Tightness tests of secondary containment areas of tanks or piping used for interstitial monitoring
(WAC 173-360A-0490 (4)(c));
(m) T ightness tests of tanks (W AC 173-360A-0635);
(n) T ightness tests of piping (W AC 173-360A-0650);
(o) Site evaluations for vapor or groundwater monitoring systems (W AC 173-360A-0660(2) or 173-
360A-0665(2));
(p) Site assessments, including site checks (W AC 173-360A-0730);
(q) Decommissioning of UST systems, or tanks or piping runs that are part of an UST system, upon
permanent closure (W AC 173-360A-0810(2)); and
(r) Decommissioning of UST systems upon a change-in-service (W AC 173-360A-0820(2)).
(4) Releases fr om UST systems.  Owners and operators must notify the department of the following in
accordance with the applicable requirements of this chapter:
(a) All suspected releases (W AC 173-360A-0700);
(b) All spills and overfills resulting in a release that may pose a threat to human health or the
environment or that have not been cleaned up within twenty-four hours (W AC 173-360A-0740); and
(c) All confirmed releases that may pose a threat to human health or the environment (W AC 173-360A-
0750(1)).
(5) Cleanups of r eleases fr om UST systems.  Owners and operators must report remedial actions to the
department in accordance with chapter 173-340 W AC or as otherwise directed by the department under chapter
90.48  RCW (W AC 173-360A-0750(4)).
(6) Financial r esponsibility for UST systems.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 17 / 105(a) Owners or operators must demonstrate compliance with financial responsibility requirements in
accordance with W AC 173-360A-1045(1) and 173-360A-0200 (3) and (4).
(b) Owners or operators must submit financial responsibility records in accordance with W AC 173-
360A-1045 (2) and (3) and 173-360A-0750(3).
(7) Requir ements for sellers and lessors.
(a) Any person who sells a tank must notify the new owner of the licensing requirements in W AC 173-
360A-0200.
(b) Any person who leases a tank must notify the new operator of the licensing requirements in W AC
173-360A-0200.
(8) Requir ements for service pr oviders.  Service providers must:
(a) Document the UST system services specified in subsection (3) of this section in accordance with the
applicable requirements of this chapter (W AC 173-360A-0940(4));
(b) Notify owners and operators when they determine that the UST system for which they are providing
services is not in compliance with the requirements of this chapter in accordance with W AC 173-360A-0940(5);
and
(c) Report confirmed releases from UST systems to owners and operators and to the department in
accordance with W AC 173-360A-0940(6).
(9) Requir ements for pr oduct deliver ers and waste oil collectors.  Product deliverers and waste oil
collectors must report any spill or overfill of regulated substances to the owner or operator in accordance with
WAC 173-360A-0405(4).
NEW SECTION
WAC 173-360A-0240 Recordkeeping r equir ements.
(1) Records.  Owners and operators must maintain records of the following in accordance with the
applicable requirements of this chapter:
(a) Installations of UST systems and UST system components (W AC 173-360A-0300);
(b) Assessments of corrosion potential (W AC 173-360A-0310 (3)(c));
(c) Upgrades of existing UST systems (W AC 173-360A-0320);
(d) Upgrades of previously deferred UST systems (W AC 173-360A-0330);
(e) Compatibility of UST system components (W AC 173-360A-0350);
(f) Periodic walkthrough inspections (W AC 173-360A-0420);
(g) T ests of cathodic protection systems (W AC 173-360A-0430(2));
(h) Rectifier inspections (W AC 173-360A-0430(3));
(i) Internal inspections of lined tanks (W AC 173-360A-0440);
(j) Periodic monitoring and tightness tests of containment sumps used for interstitial monitoring of piping
(WAC 173-360A-0450);
(k) Periodic monitoring and tightness tests of spill prevention equipment (W AC 173-360A-0460);
(l) Inspections of overfill prevention equipment (W AC 173-360A-0470);
(m) Operation and maintenance, including tests, of release detection equipment (W AC 173-360A-0480);
(n) Repairs of UST system components (W AC 173-360A-0490);
(o) T ightness tests of secondary containment areas of tanks and piping used for interstitial monitoring
(WAC 173-360A-0490 (4)(c));
(p) Current operation and maintenance plans (W AC 173-360A-0545);
(q) Currently designated operators and training (W AC 173-360A-0560);
(r) Compliance with release detection requirements (W AC 173-360A-0600);
(s) Site assessments, including site checks (W AC 173-360A-0730);
(t) Investigation and cleanup of confirmed releases (W AC 173-360A-0750(4) and 173-340-850); and
(u) Compliance with financial responsibility requirements (W AC 173-360A-1040).
(2) Retention of r ecords.  Records must be maintained for the period specified by the rules in ef fect at
the time the records were created.
(3) Availability of r ecords.  Owners and operators must make all records required under subsection (1)
of this section readily available for inspection upon request by the department.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 18 / 105(4) Transfer of r ecords.  Owners and operators must transfer all records required under subsection (1) of
this section to new owners and operators.
(5) Service pr oviders.  Service providers must maintain records of their certification in accordance with
WAC 173-360A-0940 (1)(b).
NEW SECTION
WAC 173-360A-0250 Compliance monitoring, investigation, and access.
(1) The department's compliance monitoring program, including procedures for inspections and
recordkeeping, must be consistent with and no less stringent than the program required by 40 C.F .R. Sec. 281.40,
as amended, and section 9005 of the Solid W aste Disposal Act (42 U.S.C. Sec. 6991d).
(2) If necessary to determine compliance with the requirements of this chapter or chapter 90.76  RCW , an
authorized representative of the state engaged in compliance inspections, monitoring or testing may , by request,
require an owner or operator to submit relevant information or documents. The department may subpoena
witnesses, documents, and other relevant information that the department deems necessary . In the case of any
refusal to obey the subpoena, the superior court for any county in which the person is found, resides, or transacts
business has jurisdiction to issue an order requiring the person to appear before the department and give
testimony or produce documents. Any failure to obey the order of the court may be punished by the court as
contempt.
(3) Any authorized representative of the state may require an owner or operator to conduct monitoring or
testing.
(4) Upon reasonable notice, an authorized representative of the state may enter a premises or UST
facility subject to regulation under this chapter or in which records relevant to the operation of an UST system
are kept. In the event of an emer gency or in circumstances where notice would undermine the ef fectiveness of an
inspection, notice is not required. The authorized representative may copy records, obtain samples of regulated
substances, and inspect or conduct monitoring or testing of an UST system.
(5) Owners and operators of UST systems must cooperate fully with inspections, monitoring, and testing
conducted by the department, as well as requests for document submission, testing, and monitoring by the owner
or operator under this section.
(6) For purposes of this section, the term "authorized representative" or "authorized representative of the
state" means an enforcement of ficer, employee, or representative of the department.
NEW SECTION
WAC 173-360A-0260 Information sharing.
The department's procedures for sharing information with the U.S. Environmental Protection Agency
must be consistent with and no less stringent than those required by 40 C.F .R. Sec. 281.43, as amended.
NEW SECTION
WAC 173-360A-0270 Enfor cement.
(1) Authority . The director of the department of ecology may seek appropriate injunctive or other
judicial relief by filing an action in Thurston County superior court or issuing such order as the director deems
appropriate to:
(a) Enjoin any threatened or continuing violation of this chapter or chapter 90.76  RCW ;
(b) Restrain immediately and ef fectively a person from engaging in unauthorized activity that results in a
violation of any requirement of this chapter or chapter 90.76  RCW and is endangering or causing damage to
public health or the environment;
(c) Require compliance with requests for information, access, testing, or monitoring under W AC 173-
360A-0250 or RCW 90.76.060 ;8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 19 / 105(d) Prohibit the delivery , deposit, or acceptance of a regulated substance to an UST system identified by
the department to be ineligible for such delivery , deposit, or acceptance in accordance with W AC 173-360A-
0280 and chapter 90.76  RCW ; or
(e) Assess and recover civil penalties authorized under W AC 173-360A-0290 and RCW 90.76.080 .
(2) Procedur es. The department's enforcement procedures must be consistent with and no less stringent
than those required by 40 C.F .R. Sec. 281.41, as amended, and section 9012 of the Solid W aste Disposal Act (42
U.S.C. Sec. 6991k).
(3) Appeals.  A person subject to an order issued under this chapter may appeal the order to the pollution
control hearings board in accordance with RCW 43.21B.310 .
(4) Public participation.  The department's procedures for public participation in the state enforcement
process must be consistent with and no less stringent than those required by 40 C.F .R. Sec. 281.42, as amended.
The department will not oppose intervention of right under Superior Court Civil Rule 24 (a)(2) in a civil
enforcement action taken under this chapter or chapter 90.76  RCW on the grounds that the person's interest is
adequately represented by the state.
NEW SECTION
WAC 173-360A-0280 Delivery pr ohibition.
(1) Authority . If the department determines the owners and operators of an UST system are violating
any requirement of this chapter or chapter 90.76  RCW , the department may prohibit the delivery , deposit, or
acceptance of regulated substances to the system or the entire UST facility where the system is located.
(2) Procedur es. The department's procedures for enforcing delivery prohibition must be consistent with
and no less stringent than those required by 40 C.F .R. Sec. 281.42, as amended, and section 9012 of the Solid
Waste Disposal Act (42 U.S.C. Sec. 6991k).
(3) Identification.  The department may identify an UST system subject to delivery prohibition by either:
(a) Af fixing a red tag to the fill pipe of the system; or
(b) Revoking the facility compliance tag of the UST facility where the system is located.
(4) Prohibition.  Without the prior written authorization of the department, product deliverers may not
deliver or deposit, and owners and operators may not accept the delivery or deposit of, regulated substances into
an UST system if:
(a) A red tag is attached to the fill pipe of the system; or
(b) A valid facility compliance tag is not properly displayed at the UST facility where the system is
located.
(5) Withdrawal of waste oil.  Without the prior written authorization of the department, persons may not
withdraw , and owners and operators may not allow the withdrawal of, regulated substances from a waste oil
UST system subject to delivery prohibition.
(6) Unauthorized r emoval of r ed tags.  No person may remove or alter a red tag without the prior
written authorization of the department. The unauthorized removal or alteration of a red tag constitutes a
violation of this chapter .
NEW SECTION
WAC 173-360A-0290 Civil penalties.
(1) A person who fails to notify the department pursuant to the notification requirements of this chapter ,
or who submits false information, is subject to a civil penalty not to exceed five thousand dollars per violation.
(2) A person who violates this chapter or chapter 90.76  RCW is subject to a civil penalty not to exceed
five thousand dollars for each tank per day of violation.
(3) A person incurring a penalty under this chapter or chapter 90.76  RCW may apply to the department
in writing for the remission or mitigation of the penalty as set out in RCW 43.21B.300 . A person also may
appeal a penalty directly to the pollution control hearings board in accordance with RCW 43.21B.300 .8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 20 / 105PART 3
INST ALLA TION AND PERFORMANCE ST ANDARDS
NEW SECTION
WAC 173-360A-0300 Installation of UST systems and components.
Owners and operators must ensure UST systems and UST system components are installed in accordance
with the requirements of this section.
(1) Notice of intent to install an UST system or a tank or piping run.  When installing an entire UST
system, or a tank or piping run that is part of an UST system, owners and operators must notify the department
as specified in this subsection.
(a) Except for emer gency replacements identified under (b) of this subsection, owners and operators must
notify the department of planned installations at least thirty days, but no more than ninety days, before the
planned start date using the applicable form provided by the department. Owners and operators must also
confirm the planned start date at least three business days before starting installation.
(b) For emer gency replacements, owners and operators must notify the department before starting the
installation. A replacement constitutes an emer gency if:
(i) There is a confirmed release from an operating UST system;
(ii) The UST system is located at an operating UST facility; and
(iii) The UST system is necessary for the normal operation of the facility .
(2) Performance.  An UST system or UST system component must be installed:
(a) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(b) In accordance with the manufacturer's instructions and a code of practice. The following codes of
practice may be used to meet this requirement:
(i) American Petroleum Institute, Recommended Practice 1615, "Installation of Under ground Petroleum
Storage System";
(ii) National Fire Protection Association, Standard 30, "Flammable and Combustible Liquids Code," and
Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair Garages";
(iii) Petroleum Equipment Institute, Recommended Practice 100, "Recommended Practices for
Installation of Under ground Liquid Storage Systems"; or
(iv) For previously deferred UST systems, military construction criteria, such as U.S. Department of
Defense, Unified Facilities Criteria 3-460-01, "Design: Petroleum Fuel Facilities."
(3) Standards.  The installed UST system or UST system component must meet the performance
standards in W AC 173-360A-0310 or 173-360A-0340, as applicable.
(4) Used tanks.  A used tank may not be installed as part of an UST system unless:
(a) The used tank meets the performance standards in W AC 173-360A-310(1) or 173-360A-340, as
applicable;
(b) The used tank is recertified for use by the original manufacturer or its successor -in-interest; and
(c) Proof of recertification is included with the notice required under subsection (1) of this section.
(5) Reporting.
(a) Installations of UST systems or tanks.  Installations of UST systems or tanks must be reported when
applying for a license in accordance with W AC 173-360A-0200(3). The following documentation must be
included as part of the application:
(i) Certification of installation, completed by the service provider;
(ii) Manufacturer's installation checklist, completed by the service provider;
(iii) If required under W AC 173-360A-0310 (3)(c), corrosion potential assessment report, completed by
the corrosion expert; and
(iv) An as-built plan of the UST facility that:
(A) Shows the location of the UST systems (including all tanks, piping, and dispensers) and any adjacent
structures or streets;
(B) Identifies and uses appropriate and consistent scales to show all required details in suf ficient clarity;
and8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 21 / 105(C) Contains a title, legend of all symbols used, north arrow , and drafting or origination date.
(b) Installations of other UST system components.  Installations of other UST system components must
be reported to the department within thirty days using the applicable checklist provided by the department.
Service providers must complete the checklist.
(6) Recordkeeping.  Records of installations completed after October 1, 2018, must be maintained until
the UST system is permanently closed or under goes a change-in-service.
NEW SECTION
WAC 173-360A-0310 Performance standards for new UST systems and components.
Except as provided under W AC 173-360A-0330, owners and operators must ensure new UST systems
and UST system components meet the performance standards of this section.
(1) Tanks.  To prevent releases due to structural failure or corrosion, tanks must meet the performance
standards in this subsection.
(a) Metal.  Tanks made of metal must be designed and constructed in accordance with the following:
(i) The compatibility requirements in W AC 173-360A-0350;
(ii) The cathodic protection requirements in subsection (3) of this section, if applicable;
(iii) The secondary containment requirements in subsection (4) of this section, if applicable; and
(iv) A code of practice. The following codes of practice may be used to meet this requirement:
(A) Steel T ank Institute, Specification STI-P3®, "Specification and Manual for External Corrosion
Protection of Under ground Steel Storage T anks";
(B) Steel T ank Institute, Standard F841, "Standard for Dual W all Under ground Steel Storage T anks";
(C) Underwriters Laboratories, Standard 1746, "Standard for External Corrosion Protection Systems for
Steel Under ground Storage T anks";
(D) Underwriters Laboratories of Canada, Standard S603, "Standard for Steel Under ground T anks for
Flammable and Combustible Liquids," Standard S603.1, "Standard for External Corrosion Protection Systems
for Steel Under ground T anks for Flammable and Combustible Liquids," and Standard S631, "Standard for
Isolating Bushings for Steel Under ground T anks Protected with External Corrosion Protection Systems"; or
(E) National Association of Corrosion Engineers International, Standard Practice 0285, "External
Corrosion of Under ground Storage T ank Systems by Cathodic Protection," and Underwriters Laboratories,
Standard 58, "Standard for Steel Under ground T anks for Flammable and Combustible Liquids."
(b) Clad or jacketed metal.  Tanks made of metal and clad or jacketed with a noncorrodible material
must be designed and constructed in accordance with the following:
(i) The compatibility requirements in W AC 173-360A-0350;
(ii) The secondary containment requirements in subsection (4) of this section, if applicable; and
(iii) A code of practice. The following codes of practice may be used to meet this requirement:
(A) Underwriters Laboratories, Standard 1746, "External Corrosion Protection Systems for Steel
Under ground Storage T anks";
(B) Steel T ank Institute, Specification F894, "ACT -100® Specification for External Corrosion Protection
of FRP Composite Steel Under ground Storage T anks";
(C) Steel T ank Institute, Specification F961, "ACT -100U® Specification for External Corrosion
Protection of Composite Steel Under ground Storage T anks"; or
(D) Steel T ank Institute, Specification F922, "Steel T ank Institute Specification for Permatank®."
(c) Fiberglass-r einfor ced plastic.  Tanks made of fiber glass-reinforced plastic must be designed and
constructed in accordance with the following:
(i) The compatibility requirements in W AC 173-360A-0350;
(ii) The secondary containment requirements in subsection (4) of this section, if applicable; and
(iii) A code of practice. The following codes of practice may be used to meet this requirement:
(A) Underwriters Laboratories, Standard 1316, "Glass-Fiber -Reinforced Plastic Under ground Storage
Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures"; or
(B) Underwriters Laboratories of Canada, Standard S615, "Standard for Reinforced Plastic Under ground
Tanks for Flammable and Combustible Liquids."8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 22 / 105(d) Other materials.  Tanks made of materials other than those specified in (a) through (c) of this
subsection must be designed and constructed in accordance with the following:
(i) The compatibility requirements in W AC 173-360A-0350;
(ii) The secondary containment requirements in subsection (4) of this section, if applicable; and
(iii) The tank construction and corrosion protection are determined by the department to prevent releases
in a manner that is no less protective of human health and the environment than specified in (a) through (c) of
this subsection.
(2) Piping.  To prevent releases due to structural failure or corrosion, piping must meet the performance
standards in this subsection.
(a) Metal.  Piping made of metal must be designed and constructed in accordance with the following:
(i) The compatibility requirements in W AC 173-360A-0350;
(ii) The cathodic protection requirements in subsection (3) of this section, if applicable;
(iii) The secondary containment requirements in subsection (5) of this section, if applicable; and
(iv) A code of practice. The following codes of practice may be used to meet this requirement:
(A) American Petroleum Institute, Recommended Practice 1632, "Cathodic Protection of Under ground
Petroleum Storage T anks and Piping Systems";
(B) Underwriters Laboratories, Standard 971A, "Outline of Investigation for Metallic Under ground Fuel
Pipe";
(C) Steel T ank Institute, Recommended Practice R892, "Recommended Practice for Corrosion Protection
of Under ground Piping Networks Associated with Liquid Storage and Dispensing Systems";
(D) National Association of Corrosion Engineers International, Standard Practice 0169, "Control of
External Corrosion on Under ground or Submer ged Metallic Piping Systems"; or
(E) National Association of Corrosion Engineers International, Standard Practice 0285, "External
Corrosion Control of Under ground Storage T ank Systems by Cathodic Protection."
(b) Noncorr odible.  Piping made of a noncorrodible material must be designed and constructed in
accordance with the following:
(i) The compatibility requirements in W AC 173-360A-0350;
(ii) The secondary containment requirements in subsection (5) of this section, if applicable; and
(iii) A code of practice. The following codes of practice may be used to meet this requirement:
(A) Underwriters Laboratories, Standard 971, "Nonmetallic Under ground Piping for Flammable
Liquids"; or
(B) Underwriters Laboratories of Canada, Standard S660, "Standard for Nonmetallic Under ground
Piping for Flammable and Combustible Liquids."
(c) Other materials.  Piping made of materials other than those specified in (a) and (b) of this subsection
must be designed and constructed in accordance with the following:
(i) The compatibility requirements in W AC 173-360A-0350;
(ii) The secondary containment requirements in subsection (5) of this section, if applicable; and
(iii) The piping construction and corrosion protection are determined by the department to prevent
releases in a manner that is no less protective of human health and the environment than specified in (a) and (b)
of this subsection.
(3) Cathodic pr otection of metal tanks and piping.
(a) Applicability . The following tanks and piping must be cathodically protected in accordance with the
requirements in (b) of this subsection unless the environment is determined not to be corrosive enough in
accordance with the requirements in (c) of this subsection:
(i) Any portion of a metal tank that is under ground and routinely contains regulated substances; and
(ii) Any metal piping that routinely contains regulated substances and is in contact with the ground.
(b) Performance standards.  Metal tanks and piping must be cathodically protected as follows:
(i) The tank or piping must be coated with a suitable dielectric material;
(ii) The tank or piping must be equipped with a factory-installed or field-installed cathodic protection
system designed by a corrosion expert; and
(iii) The cathodic protection system must be designed to allow for the operation and maintenance of the
system as specified in W AC 173-360A-0430, including testing and rectifier inspections.
(c) Noncorr osive envir onment. Metal tanks and piping do not need to be cathodically protected if:
(i) Before installation and every five years thereafter:8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 23 / 105(A) A corrosion expert assesses the environment around the UST system and determines that it is not
corrosive enough to cause the system to have a release due to corrosion during its operational life;
(B) A report documenting the assessment, including the determination and its basis, and the person who
performed the assessment, including their certification type and number , is completed by the corrosion expert;
and
(C) The report is submitted as follows:
(I) For assessments performed before installation, the report is submitted to the department of revenue
when applying for a license in accordance with W AC 173-360A-0200(3) and 173-360A-0300 (5)(a); and
(II) For assessments performed after installation, the report is submitted to the department of ecology
within thirty days of completing the assessment; and
(ii) The owners and operators maintain records demonstrating compliance with the requirements of (c)(i)
of this subsection, including the reports, until the UST system is permanently closed or under goes a change-in-
service.
(4) Secondary containment of tanks.
(a) Applicability . Tanks must be secondarily contained in accordance with the requirements in (b) of this
subsection if:
(i) The tank is part of a hazardous substance UST system; or
(ii) The tank is part of a petroleum UST system, and the tank is installed or replaced after October 1,
2012.
(b) Performance standards.  Tanks must be double-walled and designed and constructed to:
(i) Contain any regulated substances leaking from the primary space (through the inner wall) within the
interstitial space until they are detected and removed;
(ii) Prevent the release of regulated substances into the environment throughout the operational life of the
UST system; and
(iii) Allow for interstitial monitoring.
(5) Secondary containment of piping.
(a) Applicability . Piping must be secondarily contained in accordance with the requirements in (c) of
this subsection unless:
(i) The piping is part of an airport hydrant system;
(ii) The piping is part of an UST system with field-constructed tanks greater than fifty thousand gallons;
(iii) The piping is part of a petroleum UST system, and the piping was installed or replaced on or before
October 1, 2012;
(iv) The piping does not routinely contain regulated substances, including suction piping meeting the
standards in W AC 173-360A-0600 (1)(b)(i) through (v); or
(v) The piping replaces less than fifty percent of a single-walled piping run.
(b) Replacement.  Unless otherwise directed by the department, if fifty percent or more of a single-
walled piping run is replaced after October 1, 2012, then the entire piping run must be replaced with double-
walled piping meeting the requirements in (c) of this subsection.
(c) Performance standards.  Piping must be double-walled. Containment sumps may also be used as
part of the secondary containment and interstitial monitoring system for piping.
(i) Piping.  Double-walled piping must be designed and constructed to:
(A) Contain any regulated substances leaking from the primary space (through the inner wall) within the
piping's interstitial space or a containment sump until they are detected and removed;
(B) Prevent the release of regulated substances into the environment throughout the operational life of
the UST system; and
(C) Allow for interstitial monitoring within either the piping's interstitial space or a containment sump.
(ii) Containment sumps.  Containment sumps used as part of the secondary containment and interstitial
monitoring system for piping must be designed and constructed to:
(A) Meet the compatibility requirements in W AC 173-360A-0350;
(B) Be liquid-tight on its sides, bottom, and at any penetrations;
(C) Allow for visual inspection and access to the components in the sump; and
(D) Allow for interstitial monitoring of the piping. The piping's interstitial space must be exposed within
the sump. Sensors must be placed within the sump where they are able to detect any leak of regulated
substances.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 24 / 105(6) Under -dispenser containment.
(a) Applicability . UST systems connected to a dispenser must be equipped with under -dispenser
containment meeting the requirements in (b) of this subsection if the dispenser , dispenser system, or
under ground piping connected to the dispenser system is installed or replaced after October 1, 2012.
(b) Performance standards.  Under -dispenser containment must be:
(i) Designed and constructed to:
(A) Meet the compatibility requirements in W AC 173-360A-0350;
(B) Be liquid-tight on its sides, bottom, and at any penetrations; and
(C) Allow for visual inspection and access to the components in the containment system; and
(ii) If installed or replaced after October 1, 2018, factory-built or machine-tooled, unless otherwise
approved by the department.
(7) Spill pr evention equipment.
(a) Applicability . To prevent spilling associated with product transfers, UST systems filled by transfers
of more than twenty-five gallons at one time must be equipped with spill prevention equipment that:
(i) Meets the requirements in (b) of this subsection; or
(ii) Is determined by the department to be no less protective of human health and the environment.
(b) Performance standards.  Spill prevention equipment must be designed and constructed to:
(i) Meet the compatibility requirements in W AC 173-360A-0350;
(ii) Prevent releases when the transfer hose is detached from the fill pipe; and
(iii) Be liquid-tight on its sides, bottom, and at any penetrations.
(8) Overfill pr evention equipment.
(a) Applicability . To prevent overfilling associated with product transfers, UST systems filled by
transfers of more than twenty-five gallons at one time must be equipped with overfill prevention equipment that:
(i) Meets the requirements in (b) of this subsection; or
(ii) Is determined by the department to be no less protective of human health and the environment.
(b) Performance standards.  Overfill prevention equipment must be designed and constructed to:
(i) Meet the compatibility requirements in W AC 173-360A-0350; and
(ii) Do one of the following:
(A) Automatically shut of f flow into the tank when the tank is no more than ninety-five percent full;
(B) Automatically alert the product deliverer when the tank is no more than ninety percent full by
restricting flow into the tank or triggering a high-level audible alarm; or
(C) Automatically restrict flow into the tank thirty minutes before overfilling, automatically alert the
product deliverer with a high level audible alarm one minute before overfilling, or automatically shut of f flow
into the tank so that none of the fittings located on top of the tank are exposed to regulated substances due to
overfilling.
(c) Phase out of flow r estrictors.  Flow restrictors used in vent lines may not be used to comply with the
requirements of this subsection when overfill prevention equipment is installed, replaced, or repaired after
October 1, 2018.
(9) Release detection equipment.  Release detection equipment must meet the performance standards in
Part 6 of this chapter .
(10) Codes of practice for pr eviously deferr ed UST systems.  For previously deferred UST systems, in
addition to the codes of practice listed in this section, military construction criteria may be used to meet the
requirements of this section, such as U.S. Department of Defense, Unified Facilities Criteria 3-460-01, "Design:
Petroleum Fuel Facilities."
NEW SECTION
WAC 173-360A-0320 Upgrade r equir ements for existing UST systems.
By December 22, 1998, owners and operators of existing UST systems were required to meet the
performance standards for new UST systems in W AC 173-360A-0310 or the upgrade requirements in this
section. Existing UST systems not meeting this requirement must be permanently closed in accordance with
WAC 173-360A-0810 unless the tanks meet the requirements of this section and an upgrade is determined to be
appropriate by the department. This section does not apply to previously deferred UST systems.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 25 / 105(1) Administration.
(a) The upgrades specified in this section must be performed by or under the direct supervision of a
service provider certified in accordance with Part 9 of this chapter .
(b) The upgrades specified in this section must be reported to the department within thirty days using the
applicable checklist provided by the department. The checklist must be completed by the service provider .
(c) Records of upgrades completed after October 1, 2018, must be maintained until the UST system is
permanently closed or under goes a change-in-service.
(2) Upgrades.
(a) Corr osion pr otection of metal tanks.  Metal tanks must be upgraded to meet one of the following
requirements in accordance with a code of practice:
(i) Internal lining.  A tank may be upgraded by internal lining if:
(A) The lining is installed in accordance with W AC 173-360A-0490; and
(B) W ithin ten years after lining, and every five years thereafter , the lined tank is internally inspected in
accordance with W AC 173-360A-0440 and found to be structurally sound with the lining still performing in
accordance with original design specifications, unless cathodic protection is also installed within ten years of
lining the tank, as specified in (a)(iii) of this subsection. If the internal lining is no longer performing in
accordance with original design specifications and cannot be repaired in accordance with a code of practice, then
the lined tank must be permanently closed in accordance with W AC 173-360A-0810.
(ii) Cathodic pr otection.  A tank may be upgraded by cathodic protection if the cathodic protection
system meets the requirements in W AC 173-360A-0310 (3)(b)(ii) and (iii) and the integrity of the tank is
ensured using one of the following methods:
(A) The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of
corrosion holes before the cathodic protection system is installed;
(B) The tank has been installed or internally lined for less than ten years and is monitored monthly for
releases in accordance with W AC 173-360A-0630 or 173-360A-0655 through 173-360A-0675;
(C) The tank has been installed or internally lined for less than ten years and is assessed for corrosion
holes by conducting two tightness tests that meet the requirements in W AC 173-360A-0635. The first tightness
test must be conducted before the cathodic protection system is installed. The second tightness test must be
conducted between three and six months following the first operation of the cathodic protection system; or
(D) The tank is assessed for corrosion holes by a method that is determined by the department to prevent
releases in a manner that is no less protective of human health and the environment than (a)(ii)(A) through (C) of
this subsection.
(iii) Internal lining combined with cathodic pr otection.  A tank may be upgraded by both internal
lining and cathodic protection if:
(A) The lining is installed in accordance with W AC 173-360A-0490; and
(B) The cathodic protection system is installed within ten years of the tank being lined and meets the
requirements in W AC 173-360A-0310 (3)(b)(ii) and (iii).
(b) Corr osion pr otection of metal tanks - Codes of practice.  The following codes of practice may have
been used to meet the requirements in (a) of this subsection:
(i) American Petroleum Institute, Standard 1631, "Recommended Practice for the Interior Lining of
Existing Steel Under ground Storage T anks";
(ii) National Leak Prevention Association, Standard 631, "Spill Prevention, Minimum 10 Y ear Life
Extension of Existing Steel Under ground T anks by Lining without the Addition of Cathodic Protection";
(iii) National Association of Corrosion Engineers, Recommended Practice 0285, "Control of External
Corrosion on Metallic Buried, Partially Buried, or Submer ged Liquid Storage Systems";
(iv) American Petroleum Institute, Recommended Practice 1632, "Cathodic Protection of Under ground
Petroleum Storage T anks and Piping Systems"; or
(v) Steel T ank Institute, Publication F894-91, "Specifications for External Corrosion Protection FRP
Composite Under ground Steel Storage T anks."
(c) Corr osion pr otection of metal piping.  Metal piping routinely containing regulated substances and in
contact with the ground must be cathodically protected in accordance with a code of practice and meet the
requirements of W AC 173-360A-0310 (3)(b)(ii) and (iii). The codes of practice listed in W AC 173-360A-0310
(2)(a)(iv) may be used to meet this requirement.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 26 / 105(d) Secondary containment of tanks and piping.  Tanks and piping that are part of a hazardous
substance UST system must meet the secondary containment requirements in W AC 173-360A-0310 (4) and (5).
(e) Spill and overfill pr evention equipment.  UST systems filled by transfers of more than twenty-five
gallons at one time must meet the spill and overfill prevention requirements in W AC 173-360A-0310 (7) and (8).
(f) Release detection equipment.  Release detection equipment must meet the performance standards in
Part 6 of this chapter .
(g) Compatibility . UST systems must meet the compatibility requirements in W AC 173-360A-0350.
NEW SECTION
WAC 173-360A-0330 Upgrade r equir ements for pr eviously deferr ed UST systems.
By October 1, 2021, owners and operators must ensure previously deferred UST systems installed on or
before October 1, 2018, meet the performance standards for new UST systems in W AC 173-360A-0310, meet
the upgrade requirements in this section, or are permanently closed in accordance with W AC 173-360A-0810.
(1) Administration.
(a) The upgrades specified in this section must be performed by or under the direct supervision of a
service provider certified in accordance with Part 9 of this chapter .
(b) The upgrades specified in this section must be reported to the department within thirty days using the
applicable checklist provided by the department. The checklist must be completed by the service provider .
(c) Records of upgrades must be maintained until the UST system is permanently closed or under goes a
change-in-service.
(2) Upgrades.
(a) Corr osion pr otection of tanks and piping.
(i) Tanks and piping constructed of metal must be cathodically protected in accordance with a code of
practice and meet the following requirements:
(A) The cathodic protection system must meet the requirements in W AC 173-360A-0310 (3)(b)(ii) and
(iii); and
(B) T anks more than ten years old must be assessed to ensure they are structurally sound and free of
corrosion holes before a cathodic protection system is installed.
(ii) The following codes of practice may be used to meet the requirements in (a)(i) of this subsection:
(A) National Association of Corrosion Engineers International, Standard Practice 0285, "External
Control of Under ground Storage T ank Systems by Cathodic Protection";
(B) National Association of Corrosion Engineers International, Standard Practice 0169, "Control of
External Corrosion on Under ground or Submer ged Metallic Piping Systems";
(C) National Leak Prevention Association, Standard 631, Chapter C, "Internal Inspection of Steel T anks
for Retrofit of Cathodic Protection"; or
(D) American Society for T esting and Materials, Standard G158, "Standard Guide for Three Methods of
Assessing Buried Steel T anks."
(b) Spill and overfill pr evention equipment.  UST systems filled by transfers of more than twenty-five
gallons at one time must meet the spill and overfill prevention requirements in W AC 173-360A-0310 (7) and (8).
(c) Release detection equipment.  Release detection equipment must meet the performance standards in
Part 6 of this chapter .
(d) Compatibility . UST systems must meet the compatibility requirements in W AC 173-360A-0350.
NEW SECTION
WAC 173-360A-0340 Performance standards for partially exempt UST systems.
Owners and operators must ensure partially exempt UST systems identified in W AC 173-360A-01 10 (2)
(a)(i) through (iii) meet the performance standards of this section. This section does not apply to aboveground
storage tanks associated with previously deferred UST systems and any partially exempt UST systems for which
installation commenced on or before December 22, 1988.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 27 / 105(1) Performance standards.  Partially exempt UST systems must:
(a) Prevent releases due to corrosion or structural failure for the operational life of the system;
(b) Be cathodically protected against corrosion, constructed of noncorrodible material, metal-clad with a
noncorrodible material, determined by a corrosion expert to be located within a noncorrosive environment under
WAC 173-360A-0310 (3)(c), or designed in a manner to prevent the release or threatened release of any
regulated substance stored in the system; and
(c) Be constructed or lined with material that is compatible with the regulated substance stored in the
system.
(2) Guidance.  The performance standards in W AC 173-360A-0310 for new UST systems and the
following codes of practice may be used as guidance for complying with this section:
(a) National Association of Corrosion Engineers International, Standard Practice 0285, "External
Corrosion Control of Under ground Storage T ank Systems by Cathodic Protection";
(b) National Association of Corrosion Engineers International, Standard Practice 0169, "Control of
External Corrosion on Under ground or Submer ged Metallic Piping Systems";
(c) American Petroleum Institute, Recommended Practice 1632, "Cathodic Protection of Under ground
Petroleum Storage T anks and Piping Systems"; or
(d) Steel T ank Institute, Recommended Practice R892, "Recommended Practice for Corrosion Protection
of Under ground Piping Networks Associated with Liquid Storage and Dispensing Systems."
NEW SECTION
WAC 173-360A-0350 Compatibility r equir ements for UST systems.
(1) Performance standard for all UST systems.  Owners and operators must ensure that all UST system
components are made of or lined with materials that are compatible with the regulated substances stored in the
UST system.
(2) Demonstrations for selected UST systems.  Owners and operators of UST systems storing
hazardous substances, regulated substances containing greater than ten percent ethanol or twenty percent
biodiesel, or any other regulated substances identified by the department must also comply with the
requirements of this subsection.
(a) Options.  Owners and operators must either:
(i) Demonstrate compatibility of the UST system (including tanks, piping, containment sumps, pumping
equipment, release detection equipment, spill prevention equipment, and overfill prevention equipment) by using
one of the following options:
(A) Certification or listing of equipment or components by a nationally recognized, independent testing
laboratory for use with the regulated substance stored; or
(B) Approval by the equipment or component manufacturer . The manufacturer's approval must be in
writing, indicate an af firmative statement of compatibility , and specify the hazardous substances or range of
biofuel blends with which the equipment or component is compatible; or
(ii) Use another option determined by the department to be no less protective of human health and the
environment than the options specified in (a)(i) of this subsection.
(b) Reporting.  When changing the regulated substance stored in an UST system, owners and operators
must notify the department and report compliance with (a) of this subsection in accordance with W AC 173-
360A-0410(1).
(c) Recordkeeping.  Owners and operators must maintain all records documenting compliance with (a)
of this subsection until the UST system is permanently closed or under goes a change-in-service.
(3) Guidance.  The following code of practice may be used as guidance for complying with this section:
American Petroleum Institute, Recommended Practice 1626, "Storing and Handling Ethanol and Gasoline-
Ethanol Blends at Distribution T erminals and Filling Stations."
PART 4
OPERA TION AND MAINTENANCE8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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WAC 173-360A-0400 Transfer of r egulated substances —Owners and operators.
Owners and operators must ensure delivery of regulated substances to UST systems and withdrawal of
regulated substances from waste oil UST systems are authorized and do not result in spills or overfills.
(1) Authority to deliver or deposit.  Without the prior written authorization of the department, owners
and operators may not accept the delivery or deposit of regulated substances into an UST system if:
(a) The owners and operators do not have a valid and current license to operate the UST system (W AC
173-360A-0200(1));
(b) A valid facility compliance tag is not properly displayed at the UST facility where the UST system is
located (RCW 90.76.050 (2) and W AC 173-360A-0220(1) and 173-360A-0280(4));
(c) A red tag is attached to the fill pipe of the UST system (RCW 90.76.050 (2) and W AC 173-360A-
0280(4)); or
(d) A release from the UST system has been confirmed and the system has not been repaired.
(2) Authority to withdraw waste oil.  Without the prior written authorization of the department, owners
and operators may not allow the withdrawal of regulated substances from a waste oil UST system if:
(a) The owners and operators do not have a valid and current license to operate the UST system (W AC
173-360A-0200(1));
(b) A valid facility compliance tag is not properly displayed at the UST facility where the UST system is
located (W AC 173-360A-0220(1) and 173-360A-0280(5)); or
(c) A red tag is attached to the fill pipe of the UST system (W AC 173-360A-0280(5)).
(3) Spill and overfill contr ol. To prevent spills and overfills during the transfer of regulated substances
into an UST system, owners and operators must ensure that:
(a) Before the transfer , the volume available in a tank is greater than the volume of regulated substances
to be transferred into the tank;
(b) During the transfer , the transfer operation is monitored constantly; and
(c) The transfer is performed in accordance with a code of practice. The following codes of practice may
be used to meet this requirement:
(i) National Fire Protection Association, Standard 385, "Standard for T ank V ehicles for Flammable and
Combustible Liquids";
(ii) American Petroleum Institute, Recommended Practice 1007, "Loading and Unloading of MC
306/DOT 406 Car go Tank Motor V ehicles"; or
(iii) American Petroleum Institute, Recommended Practice 1621, "Bulk Liquid Stock Control at Retail
Outlets."
(4) Reporting spills and overfills.  Owners and operators must report, investigate, and clean up any spill
or overfill of regulated substances in accordance with W AC 173-360A-0740.
NEW SECTION
WAC 173-360A-0405 Transfer of r egulated substances —Product deliver ers and waste oil
collectors.
Product deliverers must ensure delivery of regulated substances to UST systems are authorized and do
not result in spills or overfills. W aste oil collectors must ensure withdrawals of regulated substances from waste
oil UST systems are authorized.
(1) Authority to deliver or deposit.  Without the prior written authorization of the department, a product
deliverer may not deliver or deposit regulated substances into an UST system if:
(a) A valid facility compliance tag is not properly displayed at the UST facility where the UST system is
located (RCW 90.76.050 (1) and W AC 173-360A-0220(1) and 173-360A-0280(4));
(b) A red tag is attached to the fill pipe of the UST system (RCW 90.76.050 (1) and W AC 173-360A-
0280(4)); or
(c) The product deliverer knows that a release from the UST system has been confirmed and the UST
system has not been repaired, regardless of whether a facility compliance tag is properly displayed at the UST
facility .8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 29 / 105(2) Authority to withdraw waste oil.  Without the prior written authorization of the department, persons
may not withdraw regulated substances from a waste oil UST system if:
(a) A valid facility compliance tag is not properly displayed at the UST facility where the UST system is
located (W AC 173-360A-0220(1) and 173-360A-0280(5)); or
(b) A red tag is attached to the fill pipe of the UST system (W AC 173-360A-0280(5)).
(3) Spill and overfill contr ol. To prevent spills and overfills during the transfer of regulated substances
into an UST system, product deliverers must comply with the requirements in W AC 173-360A-0400(3).
(4) Reporting spills and overfills.  Product deliverers and waste oil collectors must report any spill or
overfill of regulated substances, including into spill prevention equipment, immediately to the owner or operator .
NEW SECTION
WAC 173-360A-0410 Changes in r egulated substances.
Owners and operators must notify the department of any changes in the regulated substances stored in an
UST system and document compatibility in accordance with the requirements of this section.
(1) When changing to a hazardous substance, a regulated substance containing greater than ten percent
ethanol or twenty percent biodiesel, or any other regulated substance identified by the department, owners and
operators must notify the department and report compliance with the compatibility requirements in W AC 173-
360A-0350(2) at least thirty days before making the change using the applicable form provided by the
department.
(2) When changing to any other regulated substance, owners and operators must notify the department
within thirty days after making the change using the applicable form provided by the department.
NEW SECTION
WAC 173-360A-0420 Operation and maintenance walkthr ough inspections.
Owners and operators must comply with the walkthrough inspection requirements of this section to
ensure UST systems are properly operated and maintained.
(1) Inspections.  Operation and maintenance walkthrough inspections must be performed in accordance
with the following requirements or a code of practice that provides for comparable inspections. The following
code of practice may be used to meet this requirement: Petroleum Equipment Institute, Recommended Practice
900, "Recommended Practices for the Inspection and Maintenance of UST Systems."
(a) Thirty-day inspections.  Spill prevention equipment and release detection equipment must be
inspected at least every thirty days. However , for UST systems receiving deliveries of regulated substances less
frequently than every thirty days, spill prevention equipment only needs to be inspected prior to each delivery .
(i) Spill pr evention equipment.  Inspections of spill prevention equipment must include:
(A) V isually checking the spill prevention equipment for damage;
(B) Removing any liquid or debris from the spill prevention equipment;
(C) Checking for and removing obstructions in the fill pipe;
(D) Checking the fill cap to make sure it is securely on the fill pipe; and
(E) For double-walled spill prevention equipment with interstitial monitoring, checking for a leak in the
interstitial area.
(ii) Release detection equipment.  Inspections of release detection equipment must include:
(A) Checking to make sure the release detection equipment is operating with no alarms or other unusual
operating conditions present; and
(B) Ensuring records of release detection testing are reviewed and current and the results are conclusive.
(b) Annual inspections.  Containment sumps and hand-held release detection equipment must be
inspected at least annually .
(i) Containment sumps.  Inspections of containment sumps must include:
(A) V isually checking the containment sumps for damage, leaks to the containment area, or releases to
the environment;8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 30 / 105(B) Removing any liquid or debris from the containment sumps; and
(C) For double-walled containment sumps with interstitial monitoring, checking for a leak in the
interstitial area; and
(ii) Hand-held r elease detection equipment.  Inspections of hand-held release detection equipment must
confirm the operability and serviceability of devices such as tank gauge sticks and groundwater bailers.
(c) Additional inspections for airport hydrant systems.  For airport hydrant systems, hydrant pits and
hydrant piping vaults must also be inspected at least every thirty days, if confined spaced entry is not required
under 29 C.F .R. Part 1910 according to the Occupational Safety and Health Administration, or at least annually
if confined spaced entry is required.
(i) Hydrant pits.  Inspections of hydrant pits must include:
(A) V isually checking for any damage;
(B) Removing any liquid or debris; and
(C) Checking for any leaks.
(ii) Hydrant piping vaults.  Inspections of hydrant piping vaults must include checking for any hydrant
piping leaks.
(2) Repairs.  Any UST system component that is not operating properly must be repaired in accordance
with W AC 173-360A-0490 or replaced in accordance with W AC 173-360A-0300.
(3) Documentation.  Operation and maintenance walkthrough inspections must be documented in a
checklist provided by the department or the code of practice used to perform the inspection. The following
information must be included in the checklist:
(a) A list of each UST system component inspected;
(b) For each component inspected, whether the component needed action taken to correct an issue; and
(c) For each component needing action taken to correct an issue, a description of the actions taken.
(4) Recordkeeping.  Records of operation and maintenance walkthrough inspections must be maintained
for at least three years. If spill prevention equipment is checked less frequently than every thirty days due to
infrequent deliveries, delivery records must also be maintained in accordance with this requirement.
(5) Compliance dates.  The operation and maintenance walkthrough inspections required in this section
must begin by the following dates:
(a) For UST systems installed after October 1, 2018, upon installation; and
(b) For UST systems installed on or before October 1, 2018, by October 1, 2019.
NEW SECTION
WAC 173-360A-0430 Operation and maintenance of corr osion pr otection.
Owners and operators of UST systems with corrosion protection must comply with the requirements of
this section to ensure the equipment is operating properly and will prevent releases to the environment due to
corrosion until the UST system is permanently closed or under goes a change-in-service.
(1) Corr osion pr otection systems.  All corrosion protection systems must be operated and maintained to
continuously provide corrosion protection to the metal components of that portion of the tank and piping that
routinely contain regulated substances and are in contact with the ground.
(2) Testing of cathodic pr otection systems.  Upon installation or repair , between one and six months
after installation or repair , and every three years thereafter , cathodic protection systems must be tested as follows
to ensure they are operating properly .
(a) Performance.  Cathodic protection tests must be performed:
(i) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(ii) In accordance with a code of practice. The following codes of practice may be used to meet this
requirement:
(A) National Association of Corrosion Engineers International, T est Method TM0101, "Measurement
Techniques Related to Criteria for Cathodic Protection of Under ground Storage T ank Systems";
(B) National Association of Corrosion Engineers International, T est Method TM0497, "Measurement
Techniques Related to Criteria for Cathodic Protection on Under ground or Submer ged Metallic Piping Systems";8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 31 / 105(C) Steel T ank Institute, Recommended Practice R051, "Cathodic Protection T esting Procedures for STI–
P3R UST s";
(D) National Association of Corrosion Engineers International, Standard Practice 0285, "External
Control of Under ground Storage T ank Systems by Cathodic Protection"; or
(E) National Association of Corrosion Engineers International, Standard Practice 0169, "Control of
External Corrosion on Under ground or Submer ged Metallic Piping Systems."
(b) Repairs.  Cathodic protection systems that are not operating properly must be repaired in accordance
with W AC 173-360A-0490 or replaced in accordance with W AC 173-360A-0300, as specified by a corrosion
expert.
(c) Reporting.  Cathodic protection tests must be reported to the department within thirty days using the
applicable checklist provided by the department. The checklist must be completed by the service provider .
(d) Recordkeeping.  Records of cathodic protection tests must be maintained for at least six years.
(3) Inspections of impr essed curr ent cathodic pr otection systems.  At least every sixty days, impressed
current cathodic protection systems must be inspected to ensure the rectifier is on and the equipment is operating
properly .
(a) Performance.  Rectifier inspections must include checking whether the rectifier is turned on and
whether the voltage and amperage readings are within the ranges specified during the last cathodic protection
test.
(b) Repairs.  If a rectifier is not functioning or the voltage or amperage readings are not within the range
specified for the cathodic protection system:
(i) A corrosion expert or cathodic protection tester must be notified within twenty-four hours; and
(ii) The cathodic protection system must be repaired in accordance with W AC 173-360A-0490 or
replaced in accordance with W AC 173-360A-0300, as specified by a corrosion expert.
(c) Documentation.  Rectifier inspections must be documented on the checklist provided by the
department or on another record that includes the same information.
(d) Recordkeeping.  Records of rectifier inspections must be maintained for at least three years.
NEW SECTION
WAC 173-360A-0440 Operation and maintenance of internal linings.
Owners and operators of UST systems with internal linings used to meet the upgrade requirements in
WAC 173-360A-0320 (2)(a)(i) must comply with the requirements of this section.
(1) Inspections.  Within ten years after lining and every five years thereafter , lined tanks must be
internally inspected to determine whether the tanks remain structurally sound and the linings are still performing
in accordance with the original design specifications. Internal inspections must be performed:
(a) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(b) In accordance with a code of practice. The following codes of practice may be used to meet this
requirement:
(i) American Petroleum Institute, Recommended Practice 1631, "Interior Lining and Periodic Inspection
of Under ground Storage T anks";
(ii) National Leak Prevention Association, Standard 631, Chapter B, "Future Internal Inspection
Requirements for Lined T anks"; or
(iii) Ken W ilcox Associates, Recommended Practice, "Recommended Practice for Inspecting Buried
Lined Steel T anks Using a V ideo Camera."
(2) Repairs.
(a) Following invasive internal inspections, tanks must be repaired and tightness tested in accordance
with W AC 173-360A-0490.
(b) Lined tanks failing an internal inspection must be repaired and tightness tested in accordance with
WAC 173-360A-0490. Lined tanks that cannot be repaired in accordance with a code of practice must be
permanently closed in accordance with W AC 173-360A-0810.
(3) Reporting.  Internal inspections of lined tanks must be reported to the department within thirty days
using the applicable checklist provided by the department. The checklist must be completed by the service8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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(4) Recordkeeping.  Records of internal inspections of lined tanks must be maintained until the UST
system is permanently closed or under goes a change-in-service.
NEW SECTION
WAC 173-360A-0450 Operation and maintenance of containment sumps used for interstitial
monitoring of piping.
Owners and operators of UST systems with containment sumps used for interstitial monitoring of piping
must comply with the requirements of this section and the walkthrough inspection requirements in W AC 173-
360A-0420 to ensure the equipment is operating properly and will prevent releases to the environment.
(1) Periodic monitoring or testing.  Containment sumps used for interstitial monitoring of piping must
meet one of the following requirements:
(a) The containment sump is double-walled and the integrity of both walls is monitored at least annually
as part of the walkthrough inspection in W AC 173-360A-0420 (1)(b)(i)(C). If monitoring is discontinued, the
containment sump must be tightness tested in accordance with (b) of this subsection within thirty days; or
(b) The containment sump is tightness tested at least every three years to ensure it is liquid tight. The
tightness test must be performed:
(i) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(ii) Using a vacuum, pressure, or liquid test (including a low level liquid test) performed in accordance
with:
(A) The manufacturer's instructions;
(B) A code of practice. The following code of practice may be used to meet this requirement: Petroleum
Equipment Institute, Recommended Practice 1200, "Recommended Practices for the T esting and V erification of
Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities"; or
(C) Requirements determined by the department to be no less protective of human health and the
environment.
(2) Repairs.  Containment sumps that are not operating properly must be repaired in accordance with
WAC 173-360A-0490 or replaced in accordance with W AC 173-360A-0300.
(3) Reporting.  Tightness tests of containment sumps must be reported to the department within thirty
days using the applicable checklist provided by the department. The checklist must be completed by the service
provider .
(4) Recordkeeping.
(a) Records of periodic monitoring of containment sumps must be maintained for at least three years. The
records must demonstrate that the sumps are double-walled and the integrity of both walls is periodically
monitored.
(b) Records of tightness tests of containment sumps must be maintained for at least six years.
(5) Compliance dates.  The periodic monitoring or tightness testing of containment sumps required
under this section must begin by the following dates:
(a) For UST systems installed after October 1, 2018, upon installation; and
(b) For UST systems installed on or before October 1, 2018:
(i) If the UST facility has an even facility compliance tag identification number , by October 1, 2020; and
(ii) If the UST facility has an odd facility compliance tag identification number or does not have a
facility compliance tag, by October 1, 2021.
NEW SECTION
WAC 173-360A-0460 Operation and maintenance of spill pr evention equipment.
Owners and operators of UST systems with spill prevention equipment must comply with the
requirements of this section and the walkthrough inspection requirements in W AC 173-360A-0420 to ensure the8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 33 / 105equipment is operating properly and will prevent releases to the environment.
(1) Periodic monitoring or testing.  Spill prevention equipment must meet one of the following
requirements:
(a) The equipment is double-walled and the integrity of both walls is monitored at least every thirty days,
or prior to delivery of regulated substances if less frequent, as part of the walkthrough inspection in W AC 173-
360A-0420 (1)(a)(i)(E). If monitoring is discontinued, the equipment must be tightness tested in accordance with
(b) of this subsection within thirty days; or
(b) The equipment is tightness tested at least every three years. The tightness test must be performed:
(i) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(ii) Using a vacuum, pressure, or liquid test performed in accordance with manufacturer's instructions or
a code of practice. The following code of practice may be used to meet this requirement: Petroleum Equipment
Institute, Recommended Practice 1200, "Recommended Practices for the T esting and V erification of Spill,
Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities."
(2) Repairs.  Spill prevention equipment that is not operating properly must be repaired in accordance
with W AC 173-360A-0490 or replaced in accordance with W AC 173-360A-0300.
(3) Reporting.  Tightness tests of spill prevention equipment must be reported to the department within
thirty days using the applicable checklist provided by the department. The checklist must be completed by the
service provider .
(4) Recordkeeping.
(a) Records of periodic monitoring of spill prevention equipment must be maintained for at least three
years. The records must demonstrate that the equipment is double-walled and the integrity of both walls is
periodically monitored.
(b) Records of tightness tests of spill prevention equipment must be maintained for at least six years.
(5) Compliance dates.  The periodic monitoring or tightness testing of spill prevention equipment
required under this section must begin by the following dates:
(a) For UST systems installed after October 1, 2018, upon installation; and
(b) For UST systems installed on or before October 1, 2018:
(i) If the UST facility has an even facility compliance tag identification number , by October 1, 2020; and
(ii) If the UST facility has an odd facility compliance tag identification number or does not have a
facility compliance tag, by October 1, 2021.
NEW SECTION
WAC 173-360A-0470 Operation and maintenance of overfill pr evention equipment.
Owners and operators of UST systems with overfill prevention equipment must comply with the
requirements of this section to ensure the equipment is operating properly and will prevent releases to the
environment.
(1) Inspections.  Overfill prevention equipment must be inspected to verify functionality at least once
every three years. At a minimum, the inspection must ensure that the equipment is set to activate at the
applicable level specified in W AC 173-360A-0310(8) and will activate when regulated substances reach that
level. Inspections must be performed:
(a) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(b) In accordance with the manufacturer's instructions or a code of practice. The following code of
practice may be used to meet this requirement: Petroleum Equipment Institute, Recommended Practice 1200,
"Recommended Practices for the T esting and V erification of Spill, Overfill, Leak Detection and Secondary
Containment Equipment at UST Facilities."
(2) Repairs.  Overfill prevention equipment that is not operating properly must be repaired in accordance
with W AC 173-360A-0490 or replaced in accordance with W AC 173-360A-0300. Flow restrictors used in vent
lines that are not operating properly must be replaced with another type of overfill prevention equipment (W AC
173-360A-0310 (8)(c)).8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 34 / 105(3) Reporting.  Overfill prevention equipment inspections must be reported to the department within
thirty days using the applicable checklist provided by the department. The checklist must be completed by the
service provider .
(4) Recordkeeping.  Records of overfill prevention equipment inspections must be maintained for at least
six years.
(5) Compliance dates.  The inspections of overfill prevention equipment required under this section must
begin by the following dates:
(a) For UST systems installed after October 1, 2018, upon installation; and
(b) For UST systems installed on or before October 1, 2018:
(i) If the UST facility has an even facility compliance tag identification number , by October 1, 2020; and
(ii) If the UST facility has an odd facility compliance tag identification number or does not have a
facility compliance tag, by October 1, 2021.
NEW SECTION
WAC 173-360A-0480 Operation and maintenance of r elease detection equipment.
Owners and operators must operate and maintain release detection equipment in accordance with the
requirements of this section and the walkthrough inspection requirements in W AC 173-360A-0420 to ensure the
equipment is operating properly and will detect leaks from tanks and piping.
(1) General.  Release detection equipment must be operated and maintained in accordance with the
manufacturer's instructions or a code of practice. The following code of practice may be used to meet this
requirement: Petroleum Equipment Institute, Recommended Practice 1200, "Recommended Practices for the
Testing and V erification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST
Facilities."
(2) Testing.  Release detection equipment that is electronic or mechanical must be tested at least annually .
(a) Performance.  Tests of release detection equipment must be performed:
(i) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(ii) In accordance with the requirements in subsection (1) of this section.
(b) Minimum.  Tests of release detection equipment must include the following, as applicable to the UST
system:
(i) Automatic tank gauges and other controllers: T est proper operation of alarms, verify system
configuration, and test battery backups;
(ii) Probes and sensors: Inspect for residual buildup, ensure floats move freely , ensure shafts are not
damaged, ensure cables are free of kinks and breaks, and test alarm operability and communication with
controller;
(iii) Automatic line leak detectors: T est operation to determine whether the detectors meet the
performance standards in W AC 173-360A-0640 by simulating a leak from the entire piping run being monitored;
(iv) V acuum pumps and pressure gauges: Ensure proper communication with sensors and controller; and
(v) Hand-held electronic sampling equipment associated with groundwater and vapor monitoring: Ensure
proper operation.
(3) Repairs.  Release detection equipment that is not operating properly must be recalibrated or otherwise
repaired in accordance with W AC 173-360A-0490 or replaced in accordance with W AC 173-360A-0300.
(4) Reporting.  Tests of release detection equipment must be reported to the department within thirty
days using the applicable checklist provided by the department. The checklist must be completed by the service
provider . The following must be documented in the checklist:
(a) List of each component tested;
(b) For each component tested, whether the component needed action to correct an issue; and
(c) For each component needing action to correct an issue, a description of the actions taken.
(5) Recordkeeping.  Records of operation and maintenance of release detection equipment, including any
tests required under this section, must be maintained for at least three years. Any schedules of required
calibration and maintenance provided by the equipment manufacturer must be maintained for as long as the
equipment is used.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 35 / 105(6) Compliance dates.  The testing of automatic line leak detectors under subsection (2)(b)(iii) of this
section has been required since December 29, 1990, and continues to be required. The testing of all other release
detection equipment required under this section must begin by the following dates:
(a) For UST systems installed after October 1, 2018, upon installation; and
(b) For UST systems installed on or before October 1, 2018:
(i) If the UST facility has an even facility compliance tag identification number , by October 1, 2020; and
(ii) If the UST facility has an odd facility compliance tag identification number or does not have a
facility compliance tag, by October 1, 2021.
NEW SECTION
WAC 173-360A-0490 Repairs of UST system components.
Owners and operators must ensure that UST system components that do not meet applicable performance
standards or upgrade requirements or that are not operating properly are repaired or replaced. Owners and
operators must ensure that repairs are performed in accordance with the requirements of this section and will
prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated
substances.
(1) Performance of r epairs.  Repairs must be performed:
(a) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(b) In accordance with the manufacturer's instructions or a code of practice. The following codes of
practice may be used to meet this requirement:
(i) National Fire Protection Association, Standard 30, "Flammable and Combustible Liquids Code";
(ii) American Petroleum Institute, Recommended Practice 2200, "Repairing Crude Oil, Liquified
Petroleum Gas, and Product Pipelines";
(iii) American Petroleum Institute, Recommended Practice 1631, "Interior Lining and Periodic
Inspection of Under ground Storage T anks";
(iv) National Fire Protection Association, Standard 326, "Standard for the Safeguarding of T anks and
Containers for Entry , Cleaning, or Repair";
(v) National Leak Prevention Association, Standard 631, Chapter A, "Entry , Cleaning, Interior
Inspection, Repair , and Lining of Under ground Storage T anks";
(vi) Steel T ank Institute, Recommended Practice R972, "Recommended Practice for the Addition of
Supplemental Anodes to STI–P3R T anks";
(vii) National Association of Corrosion Engineers International, Standard Practice 0285, "External
Control of Under ground Storage T ank Systems by Cathodic Protection"; or
(viii) Fiber glass T ank and Pipe Institute, Recommended Practice T -95-02, "Remanufacturing of
Fiber glass Reinforced Plastic (FRP) Under ground Storage T anks."
(2) Standards for r epairs.  Repaired UST system components must meet the applicable performance
standards or upgrade requirements in Part 3 of this chapter .
(3) Replacement of metal piping and fittings.  Metal piping and fittings that have released regulated
substances due to corrosion or other damage must be replaced.
(4) Tests and inspections after r epairs.  Repaired UST system components must be tested or inspected
after the repair as specified in this subsection.
(a) Tanks and piping.  Repaired tanks and piping must be tightness tested as specified in W AC 173-
360A-0635 and 173-360A-0650 within thirty days of the repair unless another test method is used that is
determined by the department to be no less protective of human health and the environment. Except as provided
under (b) of this subsection, cathodic protection systems of repaired tanks or piping must be tested as specified
in WAC 173-360A-0430(2) within six months of the repair;
(b) Cathodic pr otection systems.  Repaired cathodic protection systems must be tested as specified in
WAC 173-360A-0430(2) at the time of the repair and between one and six months after the repair .
(c) Secondary containment ar eas of tanks and piping.  Repaired secondary containment areas of tanks
and piping used for interstitial monitoring must be tightness tested as follows within thirty days of the repair .
(i) Performance.  Tightness tests of secondary containment areas of tanks and piping must be performed:8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 36 / 105(A) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(B) In accordance with the manufacturer's instructions or a code of practice. The following codes of
practice may be used to meet this requirement:
(I) Steel T ank Institute Recommended Practice R012, "Recommended Practice for Interstitial T ightness
Testing of Existing Under ground Double W all Steel T anks";
(II) Fiber glass T ank and Pipe Institute Protocol, "Field T est Protocol for T esting the Annular Space of
Installed Under ground Fiber glass Double and T riple-W all Tanks with Dry Annular Space"; or
(III) Petroleum Equipment Institute, Recommended Practice 1200, "Recommended Practices for the
Testing and V erification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST
Facilities.
(ii) Reporting.  Tightness tests of secondary containment areas of tanks and piping must be reported to
the department within thirty days using the applicable checklist provided by the department. The checklist must
be completed by the service provider .
(iii) Recordkeeping.  Records of tightness tests of secondary containment areas of tanks and piping must
be maintained for at least three years.
(d) Containment sumps used for interstitial monitoring.  Repaired containment sumps used for
interstitial monitoring of piping must be tightness tested as specified in W AC 173-360A-0450 within thirty days
of the repair .
(e) Spill pr evention equipment.  Repaired spill prevention equipment must be tightness tested as
specified in W AC 173-360A-0460 within thirty days of the repair .
(f) Overfill pr evention equipment.  Repaired overfill prevention equipment must be inspected as
specified in W AC 173-360A-0470 within thirty days of the repair .
(g) Release detection equipment.  Repaired electronic or mechanical release detection equipment must
be tested as specified in W AC 173-360A-0480 within thirty days of the repair .
(5) Reporting r epairs.  Repairs must be reported to the department within thirty days using the
applicable checklist provided by the department. The checklist must be completed by the service provider .
(6) Recordkeeping.  Records of repairs must be maintained until the UST system is permanently closed
or under goes a change-in-service. Records of tests and inspections of repaired UST system components must be
maintained in accordance with the applicable requirements of this chapter .
PART 5
OPERA TOR TRAINING
NEW SECTION
WAC 173-360A-0500 Purpose and applicability .
(1) This part establishes a mandatory operator training program for three distinct classes of individuals
who operate and maintain UST systems. The program is designed to prevent and mitigate releases from UST
systems by ensuring that those individuals know how to properly operate and maintain those systems and
respond to any spills, overfills, leaks, or releases from those systems.
(2) Owners and operators of an UST system must continuously comply with the requirements of this part
from installation until permanent closure or change-in-service of the UST system, including during any period of
temporary closure.
NEW SECTION
WAC 173-360A-0510 Designation of Class A, Class B, and Class C operators.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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in accordance with the requirements of this section.
(1) At least one Class A and one Class B operator must be designated for each UST system or group of
systems at a UST facility .
(2) Each individual who meets the definition of Class C operator at a UST facility must be designated as
a Class C operator .
(3) Separate individuals may be designated for each operator class or an individual may be designated to
more than one operator class.
NEW SECTION
WAC 173-360A-0520 Timing of operator training.
UST system owners and operators must ensure that each Class A, Class B, and Class C operator is
trained in accordance with the requirements in W AC 173-360A-0530 by the dates specified in this section.
(1) Class A and Class B operators must be trained within sixty days of assuming duties of the operator
class.
(2) Class C operators must be trained before assuming duties of the operator class.
NEW SECTION
WAC 173-360A-0530 Requir ements for operator training.
UST system owners and operators must ensure that each Class A, Class B, and Class C operator is
trained in accordance with the requirements of this section. Any individual designated for more than one
operator class must successfully complete the training required for each operator class that the individual is
designated. The training required under this section for Class A and Class B operators is the same.
(1) Class A and Class B operators.  Each individual designated as a Class A and/or a Class B operator
must successfully complete a classroom, computer , or field-based training program or examination that:
(a) Is developed and administered by the department, an UST system owner or operator approved by the
department, or an independent third party approved by the department;
(b) Covers the following subject areas and associated requirements in this chapter . Training programs
and examinations may be facility-specific:
(i) Administrative requirements, including:
(A) Licensing and fees;
(B) Facility compliance tags;
(C) Authority to accept product delivery;
(D) Financial responsibility; and
(E) Reporting and recordkeeping;
(ii) Certification and use of service providers;
(iii) Compliance inspections and enforcement;
(iv) Overview of UST systems and UST system components;
(v) Product and equipment compatibility and demonstration;
(vi) Installation and repair requirements;
(vii) Spill and overfill prevention;
(viii) Release detection;
(ix) Corrosion protection and internal lining;
(x) Secondary and under -dispenser containment;
(xi) Operation and maintenance requirements, including inspections and testing;
(xii) Release reporting and confirmation requirements;
(xiii) Overview of site assessment requirements;
(xiv) Overview of cleanup requirements for releases, including the applicability of chapter 173-340
WAC;8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 38 / 105(xv) T emporary closure, permanent closure, and change-in-service requirements;
(xvi) Operator training requirements, including training of Class C operators; and
(xvii) Any other subject areas specified by the department; and
(c) Includes an evaluation of operator knowledge, such as testing or practical examination, that
reasonably determines whether the operator has the necessary knowledge and skills to meet the responsibilities
of the class.
(2) Class C operators.  Each Class C operator must successfully complete a classroom, computer , or
field-based training program that:
(a) Is developed and administered by the department, a trained Class A or Class B operator , or an
independent third party approved by the department;
(b) Provides training on how to respond to emer gencies and alarms, including:
(i) Locating emer gency response equipment;
(ii) Operating any emer gency shut-of f systems;
(iii) Identifying and responding to any alarms; and
(iv) Responding to and notifying appropriate authorities of any spills or releases; and
(c) Includes an evaluation of operator knowledge, such as testing or practical examination, that
reasonably determines whether the operator has the necessary knowledge and skills to meet the responsibilities
of the class.
(3) Recipr ocity for out-of-state training.  Class A and Class B operators previously designated in
another state or at a tribal UST facility are deemed to meet the training requirements in subsection (1) of this
section if:
(a) They successfully completed a training program or examination meeting the requirements of that
state or 40 C.F .R. Part 280, as applicable; and
(b) They possess the training records required under W AC 173-360A-0560(2) and the records identify
the state where they were designated and trained.
(4) Acceptance of prior in-state training.  Except as provided under W AC 173-360A-0540, retraining is
not required when the training requirements in this section are changed.
(5) Revision of existing training pr ograms and examinations for Class A and Class B operators.
Training programs and examinations for Class A and/or Class B operators approved by the department on or
before October 1, 2018, must be revised to reflect the changes to the training requirements in subsection (1)(b)
of this section. Revised training programs and examinations must be submitted to the department for approval by
April 1, 2019. The department will approve or reject revised training programs and examinations, and provide
written notice of its decision and reasons for any rejection.
NEW SECTION
WAC 173-360A-0540 Retraining r equir ements for Class A and Class B operators.
UST system owners and operators must ensure that Class A and Class B operators are retrained, as
applicable, in accordance with the requirements of this section.
(1) Applicability . If the department determines the owners and operators of an UST system are not in
compliance with the requirements of this chapter , the department may require the Class A and Class B operators
of that system to be retrained in accordance with subsection (2) of this section.
(2) Requir ements.  Within sixty days of receipt of the department's determination of noncompliance,
Class A and Class B operators requiring retraining must successfully complete a training program or comparable
examination meeting the requirements in W AC 173-360A-0530(1) and submit a copy of the certificate of
completion to the department. At a minimum, the retraining must cover the areas determined to be out of
compliance.
NEW SECTION
WAC 173-360A-0545 Operation and maintenance plans.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 39 / 105UST system owners and operators must ensure that operation and maintenance plans are developed and
maintained, as applicable, in accordance with the requirements of this section.
(1) Applicability . If the department determines the owners and operators of an UST system are not in
compliance with the requirements of this chapter , the department may require the owners and operators to
develop an operation and maintenance plan for each UST system at the UST facility where the noncompliant
system is located. The department may require the development of such a plan in place of or in addition to any
retraining of Class A or Class B operators required under W AC 173-360A-0540.
(2) Development.  Operation and maintenance plans for UST systems must be developed and a copy
submitted to the department within sixty days of receipt of the department's determination of noncompliance.
(3) Updates.  The operation and maintenance plan for an UST system must be updated within sixty days
of any modification of the system that changes how the system must be operated and maintained under this
chapter .
(4) Content.  At a minimum, the operation and maintenance plan for an UST system must include the
actions required under this chapter to operate and maintain the system, including as applicable:
(a) Release detection;
(b) Spill and overfill prevention;
(c) Corrosion protection;
(d) Internal lining; and
(e) Containment sumps.
(5) Recordkeeping.  Operation and maintenance plans for UST systems must be maintained until the
systems are permanently closed or under go a change-in-service.
NEW SECTION
WAC 173-360A-0550 Emergency r esponse r equir ements.
(1) Presence of operators.  While a UST facility is manned, UST system owners and operators must
ensure at least one of the individuals manning the facility is a properly trained Class A, Class B, or Class C
operator .
(2) Signage.  At each UST facility , UST system owners and operators must post and maintain signage
providing emer gency response information. The signage must:
(a) Be posted in prominent areas of the facility that are easily visible to individuals who dispense or
deliver regulated substances;
(b) Identify the location of fire extinguishers and any emer gency shut-of f devices at the facility; and
(c) Provide instructions on what to do in case of an emer gency at the facility . At a minimum, the
instructions must include the following or equivalent wording:
(Name and address of facility)
IN CASE OF FIRE, SPILL OR RELEASE
(Insert if applicable: Use emer gency shut of f)
Call the fire department: (91 1 or local fire department telephone number)
Call the facility operator: (24-hour telephone number)
NEW SECTION
WAC 173-360A-0560 Documentation and r ecordkeeping.
UST system owners and operators must maintain records documenting all currently designated Class A,
Class B, and Class C operators at a UST facility and the training received by those operators.
(1) Designated operators.  Records documenting Class A, Class B, and Class C operators at a UST
facility must include the following information:
(a) The facility's name, address, and compliance tag number; and
(b) For each individual designated at the facility:
(i) The name of the individual;8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 40 / 105(ii) The UST systems and operator classes to which the individual has been designated;
(iii) The date the individual assumed the duties of each operator class; and
(iv) The date the individual completed initial training and any required retraining for each operator class.
(2) Training of designated operators.  Records documenting the initial training and any required
retraining of Class A, Class B, and Class C operators must include a certificate of completion. Certificates must
include the following information:
(a) The name of the trainee;
(b) The date the trainee completed the training;
(c) The operator class or classes covered by the training;
(d) The name of the company providing the training; and
(e) For classroom and field-based training, the printed name and signature of the trainer or examiner .
PART 6
RELEASE DETECTION
NEW SECTION
WAC 173-360A-0600 General r elease detection r equir ements.
Owners and operators must monitor tanks and under ground piping for leaks in accordance with the
requirements of this part. This section specifies general release detection requirements. W AC 173-360A-0610
and 173-360A-0615 identify allowed release detection methods for monitoring tanks and piping. W AC 173-
360A-0620 through 173-360A-0675 specify requirements for each release detection method.
(1) Applicability . The following tanks and under ground piping must be monitored for leaks in
accordance with this part:
(a) Any portion of a tank that routinely contains regulated substances; and
(b) Any under ground piping that routinely contains regulated substances. However , under ground piping
conveying regulated substances under suction does not need to be monitored for leaks if the piping is designed
and constructed to meet the following standards:
(i) The below-grade piping operates at less than atmospheric pressure;
(ii) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank
if the suction is released;
(iii) Only one check valve is included in each suction line;
(iv) The check valve is located directly below and as close as practical to the suction pump; and
(v) A method is provided that allows compliance with (b)(i) through (iv) of this subsection to be readily
determined.
(2) Closur e of UST systems.  Any UST system that cannot be monitored for leaks in accordance with the
requirements of this part must be closed in accordance with Part 8 of this chapter .
(3) Release detection methods.  Tanks and under ground piping must be monitored for leaks using one of
the applicable methods, or combination of methods, of release detection specified in W AC 173-360A-0610 and
173-360A-0615. Results from periodic release detection must be conclusive.
(4) Notification of changes in methods.  Within thirty days after any change in release detection
methods used, owners and operators must notify the department in writing.
(5) Performance standards for methods.  Release detection methods must be able to meet:
(a) The performance standards specified for the method in this part, with any performance claims and
their manner of determination described in writing by the manufacturer , vendor , or installer; and
(b) The compatibility requirements in W AC 173-360A-0350.
(6) Certification of methods or equipment.  Except for inventory control (W AC 173-360A-0620) and
weekly manual tank gauging (W AC 173-360A-0625), the methods or equipment used to perform release
detection must be certified in writing by the manufacturer or vendor or an independent third party as capable of
meeting the performance standards specified for the release detection method in this part using a test procedure:
(a) Developed by the U.S. Environmental Protection Agency;8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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or
(c) Deemed equivalent by a nationally or internationally recognized association or independent testing
laboratory to a test procedure developed by the U.S. Environmental Protection Agency .
(7) Performance of r elease detection.  Release detection must be performed in accordance with:
(a) Any requirements specified for the method in this part;
(b) Any instructions specified by the equipment manufacturer; and
(c) Any conditions or limitations specified in the certifications required under subsection (6) of this
section, if applicable.
(8) Suspected r eleases.  When the results of release detection under this part indicate a release may have
occurred, the suspected release must be reported and investigated in accordance with Part 7 of this chapter . The
establishment of leak indication thresholds is a means of setting a standard for the equipment or method used. It
is not intended to imply that actual leak rates or quantities less than the thresholds are allowable. No release is
acceptable, and any indication that a release may have occurred should be reported and investigated in
accordance with Part 7 of this chapter .
(9) Recordkeeping.  Records of release detection must document compliance with this part, including the
following:
(a) Any certifications of release detection methods or equipment required under this part. Certifications
must be maintained for as long as the method or equipment is used;
(b) Any site evaluations required under W AC 173-360A-0660 or 173-360A-0665 for using vapor
monitoring or groundwater monitoring as a release detection method. Site evaluations must be maintained for as
long as the method is used; and
(c) The performance of release detection required under this part, including the results of all monitoring,
testing, and sampling.
(i) For tank tightness testing (W AC 173-360A-0635), line tightness testing (W AC 173-360A-0650), and
vapor monitoring using a tracer compound in accordance with W AC 173-360A-0610 (3)(d) or 173-360A-0615
(3)(b), at least the last two test results must be maintained.
(ii) For all other release detection methods, results must be maintained for at least three years.
NEW SECTION
WAC 173-360A-0610 Release detection methods for tanks.
Owners and operators must monitor tanks for leaks using the methods, or combination of methods, of
release detection specified in this section.
(1) Tanks r equiring secondary containment.  Tanks requiring secondary containment under W AC 173-
360A-0310 (4)(a) must be monitored for leaks at least every thirty days using interstitial monitoring (W AC 173-
360A-0655).
(2) Tanks not r equiring secondary containment.  Except as provided for previously deferred UST
systems under subsection (3) of this section, tanks not requiring secondary containment under W AC 173-360A-
0310 (4)(a) must be monitored for leaks at least every thirty days (except as otherwise provided) using one of the
following methods, or combination of methods, of release detection:
(a) Combination of inventory control (W AC 173-360A-0620) and tank tightness testing (W AC 173-
360A-0635). T ank tightness testing must be performed at least every five years. This combination of methods
may be used only if the tank has been installed for less than ten years;
(b) Combination of weekly manual tank gauging (W AC 173-360A-0625) and tank tightness testing
(WAC 173-360A-0635). T ank tightness testing must be performed at least every five years. This combination of
methods may be used only if:
(i) The tank has been installed for less than ten years; and
(ii) The tank's capacity is less than or equal to two thousand gallons;
(c) W eekly manual tank gauging (W AC 173-360A-0625). This method may be used as the sole method
of release detection only if:
(i) The tank's capacity is less than or equal to five hundred fifty gallons; or8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 42 / 105(ii) The tank's capacity is five hundred fifty-one gallons to one thousand gallons and the tank's diameter
is either sixty-four inches or forty-eight inches;
(d) Automatic tank gauging (W AC 173-360A-0630);
(e) Interstitial monitoring (W AC 173-360A-0655). This method may be used only if the tank is
secondarily contained and meets the performance standards in W AC 173-360A-0310 (4)(b);
(f) Vapor monitoring (W AC 173-360A-0660);
(g) Groundwater monitoring (W AC 173-360A-0665);
(h) Statistical inventory reconciliation (W AC 173-360A-0670); or
(i) Other release detection methods (W AC 173-360A-0675).
(3) Additional methods for certain pr eviously deferr ed UST systems.  Field-constructed tanks not
requiring secondary containment under W AC 173-360A-0310 (4)(a) with a capacity greater than fifty thousand
gallons must be monitored for leaks in accordance with subsection (2) of this section or using one of the
following methods, or combination of methods, of release detection:
(a) T ank tightness testing (W AC 173-360A-0635) performed at least annually , except the method must be
able to detect a 0.5 gallon per hour leak rate;
(b) Combination of automatic tank gauging (W AC 173-360A-0630) performed at least every thirty days,
except the method must be able to detect a one gallon per hour leak rate, and tank tightness testing (W AC 173-
360A-0635) performed at least every three years, except the method must be able to detect a 0.2 gallon per hour
leak rate;
(c) Combination of automatic tank gauging (W AC 173-360A-0630) performed at least every thirty days,
except the method must be able to detect a two gallons per hour leak rate, and tank tightness testing (W AC 173-
360A-0635) performed at least every two years, except the method must be able to detect a 0.2 gallon per hour
leak rate;
(d) V apor monitoring (W AC 173-360A-0660) performed at least every two years, except the method
must use a tracer compound and be able to detect a 0.1 gallon per hour leak rate;
(e) Combination of inventory control (W AC 173-360A-0620) performed at least every thirty days, except
the method must be able to detect a leak of at least 0.5 percent of flow-through and be performed in accordance
with Department of Defense Instruction 4140.25, Air T ransport Association Airport Fuel Facility Operations and
Maintenance Guidance Manual, or equivalent procedures, and either:
(i) Tank tightness testing (W AC 173-360A-0635) performed at least every two years, except the method
must be able to detect a 0.5 gallon per hour leak rate;
(ii) V apor monitoring (W AC 173-360A-0660) performed at least every thirty days; or
(iii) Groundwater monitoring (W AC 173-360A-0665) performed at least every thirty days; or
(f) Other release detection methods (W AC 173-360A-0675), except owners and operators must
demonstrate the method can detect a leak as ef fectively as any of the methods allowed in (a) through (e) of this
subsection and the department must approve the use of the method. In comparing methods, the department will
consider the size of release that can be detected and the frequency and reliability of detection.
NEW SECTION
WAC 173-360A-0615 Release detection methods for piping.
Owners and operators must monitor under ground piping for leaks using the methods, or combination of
methods, of release detection specified in this section.
(1) Piping r equiring secondary containment.  Under ground piping requiring secondary containment
under W AC 173-360A-0310 (5)(a) must be monitored for leaks as follows.
(a) Pressurized piping.  Under ground piping conveying regulated substances under pressure must be
equipped with an automatic line leak detector (W AC 173-360A-0640) and monitored for leaks at least every
thirty days using interstitial monitoring (W AC 173-360A-0655).
(b) Suction piping.  Under ground piping conveying regulated substances under suction, except as
provided under W AC 173-360A-0600 (1)(b), must be monitored for leaks at least every thirty days using
interstitial monitoring (W AC 173-360A-0655).
(2) Piping not r equiring secondary containment.  Except as provided for previously deferred UST
systems under subsection (3) of this section, under ground piping not requiring secondary containment under8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 43 / 105WAC 173-360A-0310 (5)(a) must be monitored for leaks as follows.
(a) Pressurized piping.  Under ground piping conveying regulated substances under pressure must be:
(i) Equipped with an automatic line leak detector (W AC 173-360A-0640); and
(ii) Monitored for leaks at least annually using line tightness testing (W AC 173-360A-0650) or every
thirty days using one of the following methods, or combination of methods, of release detection:
(A) Monthly automatic electronic line leak detection (W AC 173-360A-0645);
(B) Interstitial monitoring (W AC 173-360A-0655). This method may be used only if the piping is
secondarily contained and meets the performance standards in W AC 173-360A-0310 (5)(c);
(C) V apor monitoring (W AC 173-360A-0660);
(D) Groundwater monitoring (W AC 173-360A-0665);
(E) Statistical inventory reconciliation (W AC 173-360A-0670); or
(F) Other release detection methods (W AC 173-360A-0675).
(b) Suction piping.  Under ground piping conveying regulated substances under suction, except as
provided under W AC 173-360A-0600 (1)(b), must be monitored for leaks at least every three years using line
tightness testing (W AC 173-360A-0650) or at least every thirty days using one of the following methods of
release detection:
(i) Interstitial monitoring (W AC 173-360A-0655). This method may be used only if the piping is
secondarily contained and meets the performance standards in W AC 173-360A-0310 (5)(c);
(ii) V apor monitoring (W AC 173-360A-0660);
(iii) Groundwater monitoring (W AC 173-360A-0665);
(iv) Statistical inventory reconciliation (W AC 173-360A-0670); or
(v) Other release detection methods (W AC 173-360A-0675).
(3) Additional methods for certain pr eviously deferr ed UST systems.  Under ground piping not
requiring secondary containment under W AC 173-360A-0310 (5)(a) associated with field-constructed tanks with
a capacity greater than fifty thousand gallons or airport hydrant systems must be monitored for leaks in
accordance with subsection (2) of this section or using one of the following methods, or combination of
methods, of release detection:
(a) Line tightness testing (W AC 173-360A-0650) performed semiannually or annually , except the method
must be able to detect the leak rate specified in T able 0615-1. Piping segment volumes greater than or equal to
one hundred thousand gallons not capable of meeting the maximum 3.0 gallon per hour leak rate for the
semiannual test may be tested at a leak rate up to 6.0 gallons per hour according to the schedule in T able 0615-2;
Table 0615-1: Maximum Leak Detection Rate per Test Section Volume
Test Section
Volume
(Gallons)Semiannual Test - 
Leak Detection Rate Not
To Exceed (Gallons Per
Hour)Annual Test - 
Leak Detection Rate Not
To Exceed (Gallons Per
Hour)
< 50,000 1.0 0.5
≥ 50,000 to <
75,0001.5 0.75
≥ 75,000 to <
100,0002.0 1.0
≥ 100,000 3.0 1.5
Table 0615-2: Phase-In for Piping Segments ≥ 100,000 Gallons in Volume
Test Time Frame Leak Detection Rate
First test Not later than
October 1, 2021May use up to 6.0 gallons
per hour leak rate
Second test Between
October 1,
2021, and
October 1, 2024May use up to 6.0 gallons
per hour leak rate
Third test Between
October 1,
2024, and
October 1, 2025Must use 3.0 gallons per
hour leak rate
Subsequent tests After October 1,
2025Begin using semiannual or
annual line testing
according to Table 0615-1
(b) V apor monitoring (W AC 173-360A-0660) performed at least every two years, except the method
must use a tracer compound and be able to detect a 0.1 gallon per hour leak rate;
(c) Combination of inventory control (W AC 173-360A-0620) performed at least every thirty days, except
the method must be able to detect a leak of at least 0.5 percent of flow-through and be performed in accordance8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 44 / 105with Department of Defense Instruction 4140.25, Air T ransport Association Airport Fuel Facility Operations and
Maintenance Guidance Manual, or equivalent procedures, and either:
(i) Line tightness testing (W AC 173-360A-0650) performed at least every two years, except the method
must be performed in accordance with (a) of this subsection using the leak rates for the semiannual test in T able
0615-1;
(ii) V apor monitoring (W AC 173-360A-0660) performed at least every thirty days; or
(iii) Groundwater monitoring (W AC 173-360A-0665) performed at least every thirty days; or
(d) Other release detection methods (W AC 173-360A-0675), except owners and operators must
demonstrate the method can detect a leak as ef fectively as any of the methods allowed in (a) through (c) of this
subsection and the department must approve the use of the method. In comparing methods, the department will
consider the size of release that can be detected and the frequency and reliability of detection.
NEW SECTION
WAC 173-360A-0620 Inventory contr ol.
Owners and operators using inventory control (or another test of equivalent performance) must comply
with the requirements of this section.
(1) Standards.
(a) Inventory control must be performed in a manner that is able to detect leaks of at least one percent of
the monthly flow-through plus one hundred thirty gallons.
(b) Inventory control must be performed using a gauge stick or an automatic tank gauge system that is
able to measure the following:
(i) Tank liquid levels over the full range of the tank's height to the nearest one-eighth of an inch; and
(ii) W ater levels in the bottom of the tank to the nearest one-eighth of an inch.
(c) Dispensing meters must be calibrated to local standards or an accuracy of at least six cubic inches for
every five gallons of regulated substances that is withdrawn.
(d) The fill pipe through which regulated substances are delivered into the tank must have a drop tube
that extends to within one foot of the bottom of the tank.
(2) Performance.  Inventory control must be performed in accordance with the requirements of this
subsection. Automatic tank gauge systems must be operated in accordance with the manufacturer's instructions.
The following code of practice may be used, where applicable, as guidance in meeting the requirements of this
subsection: American Petroleum Institute, Recommended Practice 1621, "Bulk Liquid Stock Control at Retail
Outlets."
(a) Each day regulated substances are removed from or added to the tank, the following inventory
volume measurements and calculations must be performed:
(i) Measure the number of gallons of regulated substances removed from the tank within the local
standards for meter calibration or an accuracy of at least six cubic inches for every five gallons of regulated
substances that is withdrawn;
(ii) Measure the tank liquid level to the nearest one-eighth of an inch before and after any delivery of
regulated substances, convert the two measurements into gallons, calculate the dif ference between the two
measurements, and reconcile the change in inventory volume with delivery receipts;
(iii) Measure the tank liquid level at the end of the day (ending inventory) to the nearest one-eighth of an
inch and convert the measurement into gallons. The measurement taken after a delivery of regulated substances
may be used to meet this requirement;
(iv) Calculate the book inventory by adding the starting inventory and the number of gallons delivered
and then subtracting the number of gallons dispensed; and
(v) Calculate the daily inventory imbalance (overage or shortage) by subtracting the book inventory from
the ending inventory .
(b) At least once each month, the level of any water in the tank must be measured to the nearest one-
eighth of an inch.
(c) At the end of each monitoring period, calculate the monthly imbalance (overage or shortage) by
adding together all of the daily imbalances.
(3) Suspected r elease.  A release is suspected based on inventory control if:8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 45 / 105(a) The monthly inventory imbalance is greater than one percent of the monthly flow-through plus one
hundred thirty gallons; or
(b) The presence of water in the tank is unexplained.
NEW SECTION
WAC 173-360A-0625 Weekly manual tank gauging.
Owners and operators using weekly manual tank gauging must comply with the requirements of this
section.
(1) Standards.
(a) W eekly manual tank gauging must be performed in a manner that is able to detect any leaks greater
than the applicable test standards in T able 0625-1 with a probability of detection of at least 0.95 and a
probability of false alarm of no more than 0.05.
(b) W eekly manual tank gauging must be performed using a gauge stick or an automatic tank gauge
system that is able to measure the following:
(i) Tank liquid levels over the full range of the tank's height to the nearest one-eighth of an inch; and
(ii) W ater levels in the bottom of the tank to the nearest one-eighth of an inch.
(2) Performance.  Weekly manual tank gauging must be performed in accordance with the requirements
of this subsection. Automatic tank gauge systems must be operated in accordance with the manufacturer's
instructions.
(a) Each week, the following inventory volume measurements and calculations must be performed:
(i) Select a period that is at least as long as the applicable minimum test duration specified in T able 0625-
1. During this period, no liquid may be added or removed from the tank;
(ii) T ake two consecutive tank liquid level measurements to the nearest one-eighth of an inch at the
beginning and at the end of the selected period;
(iii) Calculate the average of the two beginning measurements and the average of the two ending
measurements and convert the averages from inches to gallons;
(iv) Calculate the change in volume by subtracting the average ending measurement from the average
beginning measurement; and
(v) Compare the change in volume to the applicable weekly standard in T able 0625-1.
(b) Each month, calculate the monthly change in volume by adding together the four weekly changes in
volume and compare to the applicable monthly standard in T able 0625-1.
(c) At least once each month, the level of any water in the tank must be measured to the nearest one-
eighth of an inch.
(3) Suspected r elease.  A release is suspected based on weekly manual tank gauging if:
(a) Any weekly change in volume is greater than the applicable weekly standard in T able 0625-1;
(b) Any monthly change in volume is greater than the applicable monthly standard in T able 0625-1; or
(c) The presence of water in the tank is unexplained.
Table 0625-1: Weekly Manual Tank Gauging Criteria
Nominal Tank CapacityMinimum
Test
DurationWeekly
Standard
(one test)Monthly
Standard (four
test average)
550 gallons or less 36 hours10 gallons 5 gallons
551 - 1,000 gallons
(when tank diameter is 64
inches)44 hours 9 gallons 4 gallons
551 - 1,000 gallons
(when tank diameter is 48
inches)58 hours12 gallons 6 gallons
551 - 1,000 gallons (when
tank diameter other than 64
or 48 inches)36 hours13 gallons 7 gallons
1,001 - 2,000 gallons 36 hours26 gallons 13 gallons
NEW SECTION8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 46 / 105WAC 173-360A-0630 Automatic tank gauging.
Owners and operators using automatic tank gauging must comply with the requirements of this section.
(1) Standards.  For the purposes of this method, automatic tank gauge systems must be able to:
(a) Detect at least a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains a
regulated substance with a probability of detection of at least 0.95 and a probability of false alarm of no more
than 0.05;
(b) Measure tank liquid levels over the full range of the tank's height; and
(c) Measure water levels in the bottom of the tank.
(2) Performance.  Leak detection tests must be performed in accordance with the manufacturer's
instructions and any conditions or limitations specified in the certification of the equipment. T ests must be
performed with automatic tank gauge systems operating in one of the following modes:
(a) In-tank static test mode.  In this mode, testing must be performed at least once every thirty days; or
(b) Continuous in-tank leak detection mode.  In this mode, automatic tank gauge systems must operate
on an uninterrupted basis or operate within a process that allows the system to gather incremental measurements
to determine the leak status of the tank at least once every thirty days.
NEW SECTION
WAC 173-360A-0635 Tank tightness testing.
Owners and operators using tank tightness tests must comply with the requirements of this section.
(1) Standards.  Tank tightness tests must be able to detect at least a 0.1 gallon per hour leak rate from
any portion of the tank up to the ninety-five percent full level or up to the product level limited by overfill
prevention equipment while accounting for the ef fects of thermal expansion or contraction of the regulated
substance, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.
The tests must be able to detect the specified leak rate with a probability of detection of at least 0.95 and a
probability of false alarm of no more than 0.05.
(2) Performance.  Tank tightness tests must be performed:
(a) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(b) In accordance with the manufacturer's instructions and any conditions or limitations specified in the
certification of the method or equipment.
(3) Reporting.  Tank tightness tests must be reported to the department within thirty days using the
applicable checklist provided by the department. The checklist must be completed by the service provider .
NEW SECTION
WAC 173-360A-0640 Automatic line leak detectors.
Owners and operators must equip pressurized piping with automatic line leak detectors meeting the
requirements of this section.
(1) Standards.  For the purposes of this method, automatic line leak detectors must be able to:
(a) Detect a leak rate of at least three gallons per hour at ten pounds per square inch line pressure within
one hour from any portion of the piping that routinely contains a regulated substance with a probability of
detection of at least 0.95 and a probability of false alarm of no more than 0.05; and
(b) If a leak is detected, alert the operator by shutting of f or restricting the flow of regulated substances or
triggering an audible or visual alarm.
(2) Performance.  Automatic line leak detectors must be operated in accordance with the manufacturer's
instructions and any conditions or limitations specified in the certification of the equipment.
NEW SECTION8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 47 / 105WAC 173-360A-0645 Monthly automatic electr onic line leak detection.
Owners and operators using monthly automatic electronic line leak detection must comply with the
requirements of this section.
(1) Standards.  For the purposes of this method, automatic electronic line leak detectors must be able to
detect a leak rate of at least 0.2 gallons per hour at operating pressure from any portion of the piping that
routinely contains a regulated substance with a probability of detection of at least 0.95 and a probability of false
alarm of no more than 0.05.
(2) Performance.  Automatic electronic line leak detection tests must be performed in accordance with
the manufacturer's instructions and any conditions or limitations specified in the certification of the equipment.
NEW SECTION
WAC 173-360A-0650 Line tightness testing.
Owners and operators using line tightness tests must comply with the requirements of this section.
(1) Standards.  Line tightness tests must be able to detect at least a 0.1 gallon per hour leak rate at one
and one-half times the operating pressure with a probability of detection of at least 0.95 and a probability of
false alarm of no more than 0.05.
(2) Performance.  Line tightness tests must be performed:
(a) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(b) In accordance with the manufacturer's instructions and any conditions or limitations specified in the
certification of the method or equipment.
(3) Reporting.  Line tightness tests must be reported to the department within thirty days using the
applicable checklist provided by the department. The checklist must be completed by the service provider .
NEW SECTION
WAC 173-360A-0655 Interstitial monitoring.
Owners and operators using interstitial monitoring must comply with the requirements of this section.
(1) Standards.  The interstitial monitoring system must be able to detect a leak through the inner wall of
any portion of the tank or under ground piping that routinely contains a regulated substance. Methods that
continuously monitor the interstitial space using a vacuum, pressure, or a liquid must be able to detect a breach
in both the inner and outer walls.
(2) Performance.  Interstitial monitoring must be performed in accordance with the manufacturer's
instructions and any conditions or limitations specified in the certification of the equipment.
NEW SECTION
WAC 173-360A-0660 Vapor monitoring.
Owners and operators using vapor monitoring (testing or monitoring for vapors within the soil gas of the
excavation zone) must comply with the requirements of this section. Except as otherwise provided in W AC 173-
360A-0610(3) or 173-360A-0615(3), vapor monitoring may be either passive (monitoring for presence of
regulated substance) or active (monitoring for presence of tracer compound).
(1) Site conditions.
(a) The materials used as backfill must be suf ficiently porous (e.g., gravel, sand, crushed rock) to readily
allow dif fusion of vapors from releases into the excavation area.
(b) The stored regulated substance, or a tracer compound placed in the UST system, must be suf ficiently
volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring devices located in the
excavation zone in the event of a release from the UST system.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 48 / 105(c) The measurement of vapors by the monitoring device must not be rendered inoperative by the
groundwater , rainfall, or soil moisture or other known interferences so that a release could go undetected for
more than thirty days.
(d) The level of background contamination in the excavation zone must not interfere with the method
used to detect releases from the UST system.
(2) Site evaluations.  In the UST excavation zone, the site must be evaluated to ensure compliance with
the requirements in subsection (1) of this section and to establish the number and positioning of monitoring
wells that will detect releases within the excavation zone from any portion of the tank or piping being monitored
that routinely contains product.
(a) Performance.  Site evaluations must be performed by or under the direct supervision of a service
provider certified in accordance with Part 9 of this chapter .
(b) Reporting.  Site evaluations must be reported to the department within thirty days of the installation
of the vapor monitoring system. The report must be submitted with the checklist required for the installation
(WAC 173-360A-0300 (5)(b)). The report must be completed by the service provider . The report must identify
the service provider and their certification type and number .
(3) Monitoring wells.
(a) Monitoring wells must be clearly marked and secured to avoid unauthorized access and tampering.
(b) Monitoring wells must be constructed, maintained, and decommissioned in accordance with chapter
173-160 W AC.
(4) Vapor monitors.
(a) V apor monitors must be designed and operated to detect any significant increase in concentration
above background of the regulated substance stored in the UST system, a component or components of that
substance, or a tracer compound placed in the UST system.
(b) V apor monitors must also be operated in accordance with the manufacturer's instructions and any
conditions or limitations specified in the certification of the equipment.
NEW SECTION
WAC 173-360A-0665 Groundwater monitoring.
Owners and operators using groundwater monitoring (testing or monitoring for liquids on the
groundwater) must comply with the requirements of this section. Except as otherwise provided in W AC 173-
360A-0610(3) or 173-360A-0615(3), groundwater monitoring may be either passive (monitoring for presence of
regulated substance) or active (monitoring for presence of tracer compound).
(1) Site conditions.
(a) The regulated substance stored must be immiscible in water and have a specific gravity of less than
one.
(b) Groundwater must never be more than twenty feet from the ground surface and the hydraulic
conductivity of the soil(s) between the UST system and the monitoring wells or devices must not be less than
0.01 cm/sec (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable
materials).
(c) The slotted portion of the monitoring well casing must be designed to prevent migration of natural
soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under
both high and low groundwater conditions.
(d) Monitoring wells must be sealed from the ground surface to the top of the filter pack.
(e) Monitoring wells or devices must intercept the excavation zone or must be as close to it as is
technically feasible.
(2) Site evaluations.  Within and immediately below the UST system excavation zone, the site must be
evaluated to ensure compliance with the requirements in subsection (1) of this section and to establish the
number and positioning of monitoring wells or devices that will detect releases from any portion of the tank or
piping being monitored that routinely contains product.
(a) Performance.  Site evaluations must be performed by or under the direct supervision of a service
provider certified in accordance with Part 9 of this chapter .8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 49 / 105(b) Reporting.  Site evaluations must be reported to the department within thirty days of the installation
of the groundwater monitoring system. The report must be submitted with the checklist required for the
installation (W AC 173-360A-0300 (5)(b)). The report must be completed by the service provider . The report
must identify the service provider and their certification type and number .
(3) Monitoring wells.
(a) Monitoring wells must be clearly marked and secured to avoid unauthorized access and tampering.
(b) Monitoring wells must be constructed, maintained, and decommissioned in accordance with chapter
173-160 W AC.
(4) Monitoring devices or manual methods.
(a) The continuous monitoring devices or manual methods used must be able to detect the presence of at
least one-eighth of an inch of free product on top of the groundwater in the monitoring wells.
(b) The continuous monitoring devices must be operated in accordance with the manufacturer's
instructions and any conditions or limitations specified in the certification of the equipment.
NEW SECTION
WAC 173-360A-0670 Statistical inventory r econciliation.
Owners and operators using statistical inventory reconciliation (SIR) must comply with the requirements
of this section. SIR involves the application of statistical principles to inventory data similar to those described
in WAC 173-360A-0620.
(1) Standards.  The SIR method must:
(a) Be able to detect at least a 0.2 gallon per hour leak rate or a release of one hundred fifty gallons
within a thirty-day period from any portion of the tank or under ground piping that routinely contains a regulated
substance with a probability of detection of at least 0.95 and a probability of false alarm of no more than 0.05;
(b) Use a threshold that does not exceed one-half the minimum detectable leak rate; and
(c) Be able to report a quantitative result with a calculated leak rate.
(2) Performance.  SIR must be performed in accordance with the requirements of this subsection.
(a) Inventory control must be performed in accordance with the requirements in W AC 173-360A-0620
and the SIR vendor's instructions.
(b) SIR must be performed in accordance with any conditions or limitations specified in the certification
of the SIR method.
(c) Conclusive SIR results must be obtained within the thirty-day monitoring period.
NEW SECTION
WAC 173-360A-0675 Other r elease detection methods.
Owners and operators using other methods, or combinations of methods, of release detection must
comply with the requirements of this section.
(1) Standards.  Other release detection methods must:
(a) Be able to detect a 0.2 gallon per hour leak rate or a release of one hundred fifty gallons within a
thirty-day period from any portion of the tank or under ground piping that routinely contains a regulated
substance with a probability of detection of at least 0.95 and a probability of false alarm of no more than 0.05; or
(b) Be approved by the department. T o be approved, owners and operators must demonstrate the other
method is able to detect a leak as ef fectively as any of the following methods. In comparing methods, the
department will consider the size of release that can be detected and the frequency and reliability of detection.
Owners and operators must comply with any additional requirements imposed by the department on its use to
ensure protection of human health and the environment:
(i) Automatic tank gauging (W AC 173-360A-0630);
(ii) T ank tightness testing (W AC 173-360A-0635);
(iii) Monthly automatic electronic line leak detection (W AC 173-360A-0645);
(iv) Line tightness testing (W AC 173-360A-0650);8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 50 / 105(v) Interstitial monitoring (W AC 173-360A-0655);
(vi) V apor monitoring (W AC 173-360A-0660);
(vii) Groundwater monitoring (W AC 173-360A-0665); or
(viii) Statistical inventory reconciliation (W AC 173-360A-0670).
(2) Performance.  Other release detection methods must be performed in accordance with the
manufacturer's instructions, any conditions or limitations specified in the certification of the method or
equipment, and any additional requirements imposed by the department.
PART 7
RELEASE REPOR TING, CONFIRMA TION, AND CLEANUP
NEW SECTION
WAC 173-360A-0700 Reporting of suspected r eleases.
Within twenty-four hours of identifying or being notified by another person of any of the following
conditions, owners and operators of UST systems must report a suspected release to the department and initiate
an investigation of the suspected release in accordance with W AC 173-360A-0720:
(1) Presence of released regulated substances at the UST facility or in the surrounding area (such as the
presence of free product or its constituents or vapors in soils, basements, sewer or utility lines, groundwater , or
surface water);
(2) Unusual operating conditions (such as the erratic behavior of product dispensing equipment, the
sudden loss of regulated substances from an UST system, the unexplained presence of water in a tank, or the
presence of liquid in the interstitial space of a secondarily contained UST system), unless:
(a) The UST system component is found not to be releasing regulated substances to the environment;
(b) Any defective UST system component is immediately repaired in accordance with W AC 173-360A-
0490 or replaced in accordance with W AC 173-360A-0300; and
(c) For secondarily contained UST systems, any liquid in the interstitial space not used as part of the
interstitial monitoring method (for example, brine) is immediately removed; or
(3) Monitoring results or alarms from a release detection method required under Part 6 of this chapter
indicate that a release may have occurred, unless:
(a) The alarm was investigated and determined to be a nonrelease event (for example, alarm caused by
power sur ge or filling the tank during release detection testing);
(b) The release detection equipment is found to be defective, and either:
(i) The defective equipment is immediately repaired or recalibrated in accordance with W AC 173-360A-
0490 or replaced in accordance with W AC 173-360A-0300, and additional monitoring does not confirm the
initial result; or
(ii) Another applicable release detection method is used and additional monitoring does not confirm the
initial result;
(c) In the case of inventory control (W AC 173-360A-0620), a second month of data does not confirm the
initial result. However , owners and operators must immediately investigate all lar ger-than-normal or reoccurring
variations in inventory control results, and report such variations if they are unaccounted for , without waiting to
obtain a second month of data; or
(d) In the case of interstitial monitoring (W AC 173-360A-0655):
(i) The leak is contained in the secondary containment;
(ii) Any liquid in the interstitial space not used as part of the interstitial monitoring method (for example,
brine) is immediately removed; and
(iii) Any defective UST system component is immediately repaired in accordance with W AC 173-360A-
0490 or replaced in accordance with W AC 173-360A-0300.
Note: Other federal, state, and local laws may also require reporting, and in some cases investigation, of suspected releases.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 51 / 105NEW SECTION
WAC 173-360A-0710 Investigation due to off-facility impacts.
When required by the department, owners and operators of an UST system must follow the procedures in
WAC 173-360A-0720 to determine if the UST system is the source of of f-facility impacts. These impacts
include the discovery of regulated substances (such as the presence of free product or its constituents or vapors
in soils, basements, sewer or utility lines, groundwater , or surface water) that has been observed by the
department or brought to its attention by another person.
NEW SECTION
WAC 173-360A-0720 Release investigation and confirmation steps.
Unless remedial action is initiated in accordance with W AC 173-360A-0750(4), owners and operators
must immediately investigate and confirm all suspected releases of regulated substances requiring reporting
under W AC 173-360A-0700 or investigation under W AC 173-360A-0710 using the following steps, except as
otherwise directed by the department.
(1) System test.  First, all tanks and under ground piping suspected of a release must be tested to
determine whether a leak exists or whether a breach exists in either wall of the secondary containment. The tests
must be completed within seven days of identifying a suspected release or receiving notice that the department
requires investigation of a suspected release.
(a) Performance.  For each tank or pipe suspected of a release, one of the following tests must be
performed:
(i) A tightness test of the tank or piping in accordance with W AC 173-360A-0635 or 173-360A-0650; or
(ii) A tightness test of the secondary containment area of the tank or piping used for interstitial
monitoring in accordance with W AC 173-360A-0490 (4)(c) and, for piping, a tightness test of any containment
sumps used for interstitial monitoring in accordance with W AC 173-360A-0450.
(b) Next steps.
(i) If the test results do not indicate there is a release and environmental contamination is not the basis for
suspecting a release, then no further investigation is required.
(ii) If the test results do not indicate there is a release but environmental contamination is the basis for
suspecting a release, then a site check must be performed in accordance with subsection (2) of this section.
(iii) If the test results confirm there is a leak into the interstice but do not indicate a release, then the
defective UST system components must be repaired, replaced, or closed immediately . No further investigation is
required.
(iv) If the test results indicate there is a release, then:
(A) The defective UST system components must be repaired, replaced, or closed immediately; and
(B) A site check must be performed in accordance with subsection (2) of this section.
(2) Site check.  Second, if required based on the results of the system test in subsection (1) of this section,
a site check must be performed to determine whether regulated substances have been released from the UST
system into the environment. The site check must be completed within thirty days of identifying a suspected
release or receiving notice that the department requires investigation of a suspected release.
(a) Performance.  Site checks must be performed in accordance with W AC 173-360A-0730.
(b) Next steps.
(i) If the results of the site check do not indicate there is a release from the UST system that may pose a
threat to human health or the environment, then no further investigation of the suspected release is required.
(ii) If the results of the site check confirm there is a release from the UST system that may pose a threat
to human health or the environment, then the confirmed release must be reported, investigated, and cleaned up in
accordance with W AC 173-360A-0750.
NEW SECTION8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 52 / 105WAC 173-360A-0730 Site assessment r equir ements.
Owners and operators must ensure site assessments, including site checks, are performed in accordance
with the requirements of this section.
(1) Applicability . Site assessments are required under this chapter to:
(a) Investigate a suspected release from an UST system, as applicable (W AC 173-360A-0720(2)). Such
assessments are referred to as "site checks";
(b) Suspend financial responsibility for a temporarily closed UST system (W AC 173-360A-0800 (3)(c)
and 173-360A-1010(2));
(c) Allow an UST system to be temporarily closed for more than twelve months when the tanks or piping
do not meet applicable performance standards or upgrade requirements (W AC 173-360A-0800(4));
(d) Permanently close an UST system, or a tank or piping run that is part of an UST system (W AC 173-
360A-0810(3)); and
(e) Undertake a change-in-service of an UST system (W AC 173-360A-0820(3)).
(2) Service pr ovider . Site assessments must be performed or directly supervised by a service provider
certified in accordance with Part 9 of this chapter . The service provider must be present at the UST facility when
and where the site assessment is performed and any tanks or piping are removed.
(3) Sampling and analysis plans.  A sampling and analysis plan must be prepared for all sampling
activities that are part of a site assessment.
(a) Submission.  The department may require a sampling and analysis plan be submitted to the
department at least thirty days before any sampling is performed. The department may also require alternative
sampling and analysis.
(b) Content.  A sampling and analysis plan must include the following information at a minimum:
(i) The reasons for performing the site assessment;
(ii) The UST system or portion of the UST system around which the assessment is to be performed;
(iii) The media to be assessed, including under what circumstances groundwater will be assessed or an
explanation of why groundwater does not need to be assessed;
(iv) The number and location of samples to be collected. If the plan does not include all of the soil
samples specified in subsection (5)(a)(i) of this section, then the plan must explain how physical conditions
prevent the collection of those samples;
(v) The methods to be used to collect and handle the samples;
(vi) The regulated substances to be analyzed for in the samples;
(vii) The methods to be used to analyze the samples for those substances;
(viii) The name of the accredited laboratory to be used to perform those analyses;
(ix) The methods to be used for quality assurance and quality control; and
(x) Any other information required by the department.
(4) Health and safety r equir ements.  Persons performing site assessments under this chapter must
comply , as applicable, with the requirements of the Occupational Safety and Health Act (20 U.S.C. Sec. 651 et
seq.) and the W ashington Industrial Safety and Health Act (chapter 49.17  RCW), and regulations promulgated
pursuant thereto. These requirements are subject to enforcement by the designated federal and state agencies.
(5) Sampling and analysis r equir ements.  Site assessments must be performed in accordance with the
requirements of this subsection, except as otherwise directed by the department. The department may require
additional sampling or analysis on a site-specific basis to confirm whether a release has occurred that may pose a
threat to human health or the environment or to address any such threats.
(a) Soil assessment.
(i) Number and location of samples.  Soil samples must be collected where contamination has been
detected or is most likely to be present. At a minimum, the soil samples specified in T able 0730-1 must be
collected unless:
(A) Physical conditions prevent the collection of any of the specified samples and an alternative
sampling plan is prepared. The department must be notified in the site assessment report of any such changes
and the reasons for the changes; or
(B) A release that may pose a threat to human health or the environment is confirmed without the
collection of some or all of the specified samples.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 53 / 105(ii) Regulated substances to be analyzed.  All regulated substances currently or previously stored in the
UST system must be analyzed for in the soil samples.
(A) For petroleum, analyze for the substances specified for the type of product in T able 830-1 of W AC
173-340-900.
(B) For hazardous substances, analyze for the substances and any likely decomposition by-products.
(iii) Analytical pr ocedur es. The soil samples must be collected, handled, and analyzed in accordance
with the requirements in W AC 173-340-830.
(iv) Evaluation of r esults.  A release that may pose a threat to human health or the environment is
confirmed if the concentration of any regulated substance analyzed in any of the soil samples exceeds the
following levels:
(A) The level specified in T able 740-1 of W AC 173-340-900; or
(B) If a regulated substance is not listed in T able 740-1, a Method B unrestricted soil cleanup level
established under W AC 173-340-740(3).
(b) Groundwater assessment.
(i) Applicability . Groundwater must be sampled if a release has not been confirmed by soil sampling and
if:
(A) The lowest point of the UST system is located in groundwater;
(B) A release is suspected based on environmental contamination and the lowest point of the UST system
is located within two feet of the seasonal high water table;
(C) Groundwater monitoring wells already exist at the UST facility where the site assessment is being
performed, the wells are located in areas at the facility that would provide useful data, and the condition of the
wells allows for the collection of representative samples;
(D) Physical conditions prevent collection of all or some of the soil samples required under (a)(i) of this
subsection and groundwater sampling is part of an alternative sampling plan; or
(E) Groundwater sampling is otherwise required by the department.
(ii) Number and location of samples.  Groundwater samples must be collected where contamination has
been detected or is most likely to be present.
(iii) Regulated substances to be analyzed.  All regulated substances currently or previously stored in the
UST system must be analyzed for in the groundwater samples.
(A) For petroleum, analyze for the substances specified for the type of product in T able 830-1 of W AC
173-340-900.
(B) For hazardous substances, analyze for the substances and any likely decomposition by-products.
(iv) Analytical pr ocedur es. The groundwater samples must be collected, handled, and analyzed in
accordance with the requirements in W AC 173-340-830.
(v) Evaluation of r esults.  A release that may pose a threat to human health or the environment is
confirmed if the concentration of any regulated substance tested in any of the groundwater samples exceeds the
following levels:
(A) The levels specified in T able 720-1 of W AC 173-340-900; or
(B) If the regulated substance is not listed in T able 720-1, a Method B potable groundwater cleanup level
established under W AC 173-340-720(4).
(6) Reporting and cleanup of confirmed r eleases.  If a site assessment confirms that a release has
occurred from an UST system that may pose a threat to human health or the environment, then:
(a) The service provider who performed or directly supervised the site assessment must notify:
(i) An owner or operator of the UST system immediately; and
(ii) The department within twenty-four hours. However , if an owner or operator of the system is not
immediately available, the service provider must notify the department immediately .
(b) Owners and operators must report, investigate, and clean up the confirmed release in accordance with
WAC 173-360A-0750.
(7) Reporting r esults of assessment.
(a) Site assessments must be reported to the department within thirty days by submitting the applicable
checklist provided by the department and a report including the information specified in subsection (8) of this
section. Both the checklist and the report must be completed by the service provider .
(b) If a site assessment confirms a release that may pose a threat to human health or the environment, the
site assessment report may be combined with the remedial action reports required under W AC 173-340-450,8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 54 / 105provided the combined report is submitted within thirty days of release confirmation.
(8) Content of r eport.  At a minimum, site assessment reports must include the following information:
(a) Information about the service provider who performed or directly supervised the site assessment,
including the name of the service provider , the certification type and number , and the firm with which the
service provider is af filiated;
(b) Information about the UST system and the UST facility where the system is located, including:
(i) The name of the owner and operator of the system and the owner of the property where the system is
located, if dif ferent;
(ii) The location of the system within the facility;
(iii) The components comprising the system;
(iv) Any previous repairs to the system;
(v) The type of regulated substances stored in the system, both currently and historically since the date of
installation;
(vi) The dimensions of the excavation zone and the depth, width, and type of backfill material used
within that zone, if known;
(vii) The number and location of any other currently or previously regulated systems at the facility; and
(viii) The types and locations of any groundwater monitoring wells at the facility;
(c) Information on any previous leaks or confirmed releases from the UST system, and whether the
releases were cleaned up;
(d) The physical characteristics of the UST facility , including the following:
(i) The current uses of the land within and adjacent to the facility , and any known prior uses of that land;
(ii) The geology of the site, including soil types and characteristics;
(iii) The hydrology of the site, including:
(A) Surface draining characteristics;
(B) Depth to groundwater (including seasonal fluctuations);
(C) Presence of groundwater in the excavation zone, direction of groundwater flow (if relevant to any
groundwater sampling plan);
(D) Proximity of the UST system to any nearby drinking water wells or surface water bodies (if known);
and
(E) Potential hydraulic connections between groundwater and any nearby surface water bodies (if
known); and
(iv) The location of tax parcel(s) comprising the facility , any above-ground and below-ground structures
at the facility , any paved areas at the facility , and any roads or utilities on or adjacent to the facility;
(e) A summary of the sampling and analyses performed, including any changes to the plan or the
sampling or analyses required under this section and the reason for those changes;
(f) All laboratory reports;
(g) The results of the site assessment, including:
(i) A table showing, for each field sample collected, the unique identifying number assigned to the
sample, whether the sample was a composite sample, the laboratory results for all indicator constituents
analyzed, the method used to analyze the sample, and the detection limit for that method;
(ii) Any factors that may have compromised the quality of the data or validity of the results; and
(iii) A conclusion as to whether there has been a release of regulated substances from the UST system
that may pose a threat to human health or the environment;
(h) Site diagrams that include the following information at a minimum:
(i) The geographic location of the UST facility and a north arrow;
(ii) The location of the UST system within the UST facility , including the location of all tanks, piping,
and dispensers, and any adjacent structures or streets;
(iii) T o the extent known, the dimensions of the excavation zone and the backfill material used within
that zone;
(iv) The physical characteristics of the UST facility , including the information specified in (d) of this
subsection and the location of any other regulated UST systems at the facility; and
(v) The horizontal and vertical location of and unique identifying number for all samples collected for
laboratory analysis, and which samples were collected from excavated soils. Diagrams must clearly dif ferentiate
between soil and groundwater samples and between investigatory and confirmation samples; and8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 55 / 105(i) Any other information required by the department.
(9) Department determination.  After receiving a site assessment report, the department will determine
whether any further assessment or information is necessary . The department may require further sampling or
analysis if:
(a) The assessment performed does not comply with the requirements of this section; or
(b) The department determines further assessment is necessary to confirm a suspected release, determine
whether a release poses a threat to human health or the environment, or to address any such threats.
(10) Recordkeeping.  Records of site assessments, including sampling and analysis plans and site
assessment reports and checklists, must be maintained until six years after the UST system is permanently closed
or under goes a change-in-service.
Table 0730-1: Minimum Number and Location of Soil Samples
 Tanks Piping Dispensers
In PlaceCollect the following samples around the excavation
zone where contamination is most likely to be present:Collect one sample for every 50 feet
of piping. For example, collect one
sample if the piping run is less than
50 feet and two samples if the piping
run is 50 to 100 feet. Collect the
samples adjacent to the piping where
contamination is most likely to be
present, such as at connections,
fittings, or elbows. (1, 2)Collect one
sample
adjacent to
each
dispenser.
(1, 2)• When assessing single tank with a capacity of < 9,000
gallons, collect three samples, one at each end and one
on another side of the tank. (1, 2)
• When assessing single tank with a capacity of ≥ 9,000
gallons, collect four samples, one at each side of the
tank. (1, 2)
• When assessing multiple tanks in an excavation zone,
collect four samples for the first tank and two
additional samples for each additional tank, spacing the
samples evenly around the excavation zone. (1, 2)
RemovedCollect the following samples within the excavation
zone where contamination is most likely to be present:
Collect one sample for every 50 feet
of piping. For example, collect one
sample if the piping run is less than
50 feet and two samples if the piping
run is 50 to 100 feet. Collect the
samples beneath the piping where
contamination is most likely to be
present, such as at connections,
fittings, or elbows. (2)Collect one
sample
beneath
each
dispenser.
(2)• When assessing single tank with a capacity of < 9,000
gallons, collect three samples, one beneath the tank (2),
one beneath where the piping from the tank entered a
sidewall, and one from another sidewall.
• When assessing single tank with a capacity of ≥ 9,000
gallons, collect five samples, one from beneath the tank
(2), one beneath where the piping from the tank entered
a sidewall, and one from each of the other three
sidewalls.
• When assessing multiple tanks from an excavation
zone, collect five samples for the first tank and two
additional samples for each additional tank, one
beneath each tank (2), one beneath where piping from
each tank entered a sidewall, and spacing remaining
samples evenly around the sidewalls.
Collect the following samples from excavated soils
where contamination is most likely to be present:
Cubic Yards of SoilMinimum Number of
Samples
0-25 1
26-50 2
51-100 3
101-500 5
501-1000 7
1001-2000 10
>2000 10 + 1 additional
sample for each
additional 500 cubic
yards of soil
Footnotes:(1) Horizontal distance: The specified samples must be collected from native soil as close as practicable to, but no more than ten feet from the
applicable tank, pipe, or dispenser.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 56 / 105 (2) Vertical distance: The specified samples must be collected from native soil as close as practicable to the bottom of the applicable tank, pipe,
or dispenser. If groundwater is encountered, soil samples must be collected at the approximate top of the water table.
NEW SECTION
WAC 173-360A-0740 Reporting and cleanup of spills and overfills.
Owners and operators must respond to spills and overfills of regulated substances in accordance with the
requirements of this section.
(1) If a spill or overfill of regulated substances from an UST system results in a release that may pose a
threat to human health or the environment, including in the following cases, then the release must be reported,
investigated, and cleaned up in accordance with W AC 173-360A-0750:
(a) A spill or overfill of petroleum results in a release to the environment of more than twenty-five
gallons, a sheen on surface water , or groundwater contamination; or
(b) A spill or overfill of a hazardous substance results in a release to the environment of more than the
reportable quantity specified in 40 C.F .R. Sec. 302.
(2) If a spill or overfill of regulated substances from an UST system does not result in a release or results
in a release that does not pose a threat to human health or the environment, then the spill or overfill must be:
(a) Immediately contained and cleaned up as follows:
(i) Eliminate or reduce any fire, explosive, or vapor hazards resulting from the spill or overfill, and do so
in a manner that minimizes the release of regulated substances into the environment;
(ii) Prevent the release or further release of regulated substances into the environment and the migration
of any substances already released;
(iii) Absorb or otherwise contain any free product and properly dispose of the product and any used
absorbent materials in accordance with all applicable federal, state, and local requirements. Free product must
not be flushed into storm drains, catch basins, dry wells, monitoring wells, or other locations with a possible
connection to surrounding soils, groundwater , or surface water; and
(iv) Provide for the proper disposal or treatment of any contaminated soils in accordance with applicable
federal, state, and local requirements; and
(b) Reported to the department within twenty-four hours if the cleanup required under (a) of this
subsection has not been completed.
Note: Other federal, state, and local laws may also require reporting, and in some cases cleanup, of spills and overfills.
NEW SECTION
WAC 173-360A-0750 Reporting and cleanup of confirmed r eleases.
Owners and operators must immediately respond to all confirmed releases of regulated substances from
UST systems that may pose a threat to human health or the environment, including those confirmed under W AC
173-360A-0720 through 173-360A-0740, in accordance with the requirements of this section.
(1) W ithin twenty-four hours of confirming a release, the release must be reported to the department.
(2) W ithin twenty-four hours of confirming a release, the UST system must be secured to prevent further
delivery or deposit of regulated substances until the defective UST system components are repaired, replaced, or
closed.
(3) W ithin thirty days of confirming a release, financial responsibility records must be submitted to the
department in accordance with W AC 173-360A-1045 (2)(a).
(4) Confirmed releases must be investigated and cleaned up in accordance with chapter 173-340 W AC or
as otherwise directed by the department under chapter 90.48  RCW .
Note: Other federal, state, and local laws may also require reporting, and in some cases cleanup, of confirmed releases.
PART 8
CLOSURE8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 57 / 105NEW SECTION
WAC 173-360A-0800 Temporary closur e of UST systems.
Owners and operators of temporarily closed UST systems must comply with the requirements of this
section.
(1) Taking UST systems out of operation.  Within thirty days of temporarily closing an UST system:
(a) The department must be notified using the applicable form provided by the department; and
(b) If the UST system will be temporarily closed for more than ninety days, the following actions must
be completed and reported to the department on the form:
(i) Ensure vent lines are open and functioning;
(ii) Cap or secure all other lines, pumps, entryways, and ancillary equipment;
(iii) Empty the UST system in accordance with subsection (2) of this section, or measure the amount of
regulated substances remaining in the system; and
(iv) If no UST systems are in operation at the UST facility , return the facility compliance tag to the
department.
(2) Emptying temporarily closed UST systems.  When emptying a temporarily closed UST system:
(a) All materials must be removed from the UST system using commonly employed practices. The
remaining residue in the tanks must not exceed 2.54 centimeters (one inch); and
(b) The department must be notified in writing within thirty days. The notice must include
documentation that the UST system has been emptied, such as an invoice. This notice may be combined with the
notice required under subsection (1) of this section.
(3) Maintaining compliance during temporary closur e. Except as otherwise provided in this
subsection, owners and operators must comply with all of the applicable requirements of this chapter during
temporary closure, including maintenance of corrosion protection and payment of annual tank fees.
(a) Spill and overfill pr evention.  The following tests and inspections of spill and overfill prevention
equipment may be suspended during temporary closure, regardless of whether the UST system is emptied in
accordance with subsection (2) of this section:
(i) W alkthrough inspections of spill prevention equipment (W AC 173-360A-0420);
(ii) Monitoring and tightness tests of spill prevention equipment (W AC 173-360A-0460); and
(iii) Inspections of overfill prevention equipment (W AC 173-360A-0470).
(b) Release detection and containment.  Release detection in Part 6 of this chapter and the following
tests and inspections of release detection equipment and containment may be suspended during temporary
closure if an UST system is emptied in accordance with subsection (2) of this section:
(i) W alkthrough inspections of release detection equipment, containment sumps, and hydrant pits and
vaults (W AC 173-360A-0420);
(ii) Monitoring and tightness tests of containment sumps used for interstitial monitoring (W AC 173-
360A-0450); and
(iii) T ests of release detection equipment (W AC 173-360A-0480).
(c) Financial r esponsibility . Financial responsibility in Part 10 of this chapter may be suspended during
temporary closure if:
(i) The UST system is emptied in accordance with subsection (2) of this section; and
(ii) After the UST system is emptied, a site assessment around the UST system is completed and reported
in accordance with W AC 173-360A-0730. Unless otherwise directed by the department, a site assessment is not
required if:
(A) A release from the UST system had previously been confirmed and reported to the department; and
(B) Further remedial action is necessary to investigate or clean up the confirmed release under W AC
173-360A-0750(4).
(4) Permanent closur e of substandard UST systems.  An UST system must be permanently closed
within twelve months of temporary closure if the tanks or piping do not meet the applicable performance
standards or upgrade requirements in Part 3 of this chapter , unless:
(a) A site assessment is performed around the UST system in accordance with W AC 173-360A-0730.
Unless otherwise directed by the department, a site assessment is not required if:
(i) A release from the UST system had previously been confirmed and reported to the department; and8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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360A-0750(4); and
(b) The department provides an extension of the twelve-month period. Requests for extensions must be
submitted to the department in writing after the site assessment is completed.
(5) Returning UST systems to operation.
(a) Requir ements for all temporarily closed UST systems.  Before returning an UST system to
operation, owners and operators must comply with all of the applicable requirements of this chapter , including
any suspended during temporary closure under subsection (3) of this section. If financial responsibility is
suspended during temporary closure, the owner or operator must demonstrate financial responsibility in
accordance with W AC 173-360A-1045 (1)(a) or (b), as applicable, before returning an UST system to operation.
(b) Additional r equir ements for UST systems temporarily closed mor e than ninety days.  When an
UST system is temporarily closed for more than ninety days, owners and operators must also comply with the
following additional requirements.
(i) Tests and inspections.  Before returning an UST system to operation, the following tests and
inspections, as applicable, must be completed to ensure the UST system is operating properly and will prevent
releases to the environment.
(A) Tanks and piping.  If release detection is suspended during temporary closure, tightness tests of
tanks and piping must be performed in accordance with W AC 173-360A-0635 and 173-360A-0650. This
requirement does not apply to suction piping meeting the standards in W AC 173-360A-0600 (1)(b)(i) through
(v). The department must authorize any delivery or deposit of regulated substances needed to perform the
tightness tests. T o obtain such authorization:
(I) A preliminary evaluation of the tanks (such as a pressure decay test) must be performed; and
(II) A request must be submitted to the department using the applicable form provided by the department.
The results of the preliminary evaluation must be included with the request.
(B) Spill and overfill pr evention equipment.  If suspended during temporary closure, the following tests
and inspections of spill and overfill prevention equipment must be performed:
(I) W alkthrough inspections of spill prevention equipment (W AC 173-360A-0420);
(II) Monitoring or tightness tests of spill prevention equipment (W AC 173-360A-0460); and
(III) Inspections of overfill prevention equipment (W AC 173-360A-0470).
(C) Release detection equipment and containment.  If suspended during temporary closure, the
following tests and inspections of release detection equipment and containment must be performed:
(I) W alkthrough inspections of release detection equipment, containment sumps, and hydrant pits and
vaults (W AC 173-360A-0420);
(II) Monitoring or tightness tests of containment sumps used for interstitial monitoring (W AC 173-360A-
0450); and
(III) T ests of release detection equipment (W AC 173-360A-0480).
(ii) Notification of r eturn to operation.  Within thirty days of returning an UST system to operation, the
department must be notified using the applicable form provided by the department. The completed checklists of
any UST system services required to return the UST system to operation must be included with the notification
form.
(c) Reissuance of facility compliance tag.  If the facility compliance tag for an UST facility is returned
to the department under subsection (1)(b)(iv) of this section, the department will reissue a facility compliance
tag upon receipt of the completed notification form required under (b)(ii) of this subsection.
NEW SECTION
WAC 173-360A-0810 Permanent closur e of UST systems.
Owners and operators must permanently close an UST system, or a tank or piping run that is part of an
UST system, in accordance with the requirements of this section.
(1) Notice of intent.  Owners and operators must notify the department of their intent to permanently
close an UST system, or a tank or piping run that is part of an UST system, at least thirty days, but no more than
ninety days, before the planned start date using the applicable form provided by the department. Owners and8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 59 / 105operators must also confirm the planned start date with the department at least three business days before
starting permanent closure.
(2) Decommission.  When an UST system, or a tank or piping run that is part of an UST system,
under goes permanent closure, it must be decommissioned in accordance with the requirements of this
subsection.
(a) Actions.  To decommission an UST system, or a tank or piping run, under going permanent closure,
the following actions must be completed, as applicable:
(i) Tanks must be emptied and cleaned by removing all liquids and accumulated sludge;
(ii) Piping must be emptied by removing all liquids;
(iii) T anks must be removed from the ground or closed in place by filling with an inert solid material or
in another manner approved by the department;
(iv) Piping must be removed from the ground or closed in place by capping; and
(v) Any liquids or sludge removed from the tanks or piping must be designated and disposed of in
accordance with all applicable federal, state, and local requirements.
(b) Performance.  Decommissioning must be performed:
(i) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(ii) In accordance with a code of practice. The following codes of practice may be used to meet this
requirement:
(A) American Petroleum Institute, Recommended Practice 1604, "Closure of Under ground Petroleum
Storage T anks";
(B) American Petroleum Institute, Standard 2015, "Safe Entry and Cleaning of Petroleum Storage T anks,
Planning and Managing T ank Entry from Decommissioning through Recommissioning";
(C) American Petroleum Institute, Recommended Practice 2016, "Guidelines and Procedures for
Entering and Cleaning Petroleum Storage T anks";
(D) American Petroleum Institute, Recommended Practice 1631, "Interior Lining and Periodic Inspection
of Under ground Storage T anks";
(E) National Fire Protection Association, Standard 326, "Standard for the Safeguarding of T anks and
Containers for Entry , Cleaning, or Repair"; and
(F) National Institute for Occupational Safety and Health, Publication 80-106, "Criteria for a
Recommended Standard: W orking in Confined Spaces."
(c) Reporting.  Decommissioning must be reported to the department within thirty days using the
applicable checklist provided by the department. The checklist must be completed by the service provider .
(3) Site assessment.  When an UST system, or a tank or piping run that is part of an UST system,
under goes permanent closure, a site assessment must be conducted around the system or the part of the system
being closed in accordance with W AC 173-360A-0730. Unless otherwise directed by the department, a site
assessment is not required if:
(a) A release from the UST system had previously been confirmed and reported to the department; and
(b) Further remedial action is necessary to investigate or clean up the confirmed release under W AC 173-
360A-0750(4).
(4) Return of facility compliance tag.  If there are no UST systems in operation at the UST facility , the
facility compliance tag must be returned to the department with the checklist required under subsection (2)(c) of
this section.
(5) Partially exempt UST systems – Notice of permanent closur e. Owners and operators of a partially
exempt UST system identified in W AC 173-360A-01 10 (2)(a) must notify the department in writing within
thirty days of the permanent closure of the UST system.
NEW SECTION
WAC 173-360A-0820 Change-in-service of UST systems.
Owners and operators must undertake a change-in-service of an UST system in accordance with the
requirements of this section.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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change-in-service of an UST system at least thirty days, but no more than ninety days, before the planned start
date using the applicable form provided by the department. Owners and operators must also confirm the planned
start date with the department at least three business days before starting the change-in-service.
(2) Decommission.  When an UST system under goes a change-in-service, the system must be
decommissioned in accordance with the requirements of this subsection.
(a) Actions.  To decommission an UST system under going a change-in-service, the following actions
must be completed, as applicable:
(i) Tanks must be emptied and cleaned by removing all liquids and accumulated sludge;
(ii) Piping must be emptied of all liquids; and
(iii) Any liquids or sludge removed from the tanks or piping must be designated and disposed of in
accordance with all applicable federal, state, and local requirements.
(b) Performance.  Decommissioning must be performed:
(i) By or under the direct supervision of a service provider certified in accordance with Part 9 of this
chapter; and
(ii) In accordance with a code of practice. The following codes of practice may be used to meet this
requirement:
(A) American Petroleum Institute, Recommended Practice 1604, "Closure of Under ground Petroleum
Storage T anks";
(B) American Petroleum Institute, Standard 2015, "Safe Entry and Cleaning of Petroleum Storage T anks,
Planning and Managing T ank Entry from Decommissioning through Recommissioning";
(C) American Petroleum Institute, Recommended Practice 2016, "Guidelines and Procedures for
Entering and Cleaning Petroleum Storage T anks";
(D) American Petroleum Institute, Recommended Practice 1631, "Interior Lining and Periodic Inspection
of Under ground Storage T anks";
(E) National Fire Protection Association, Standard 326, "Standard for the Safeguarding of T anks and
Containers for Entry , Cleaning, or Repair"; and
(F) National Institute for Occupational Safety and Health, Publication 80-106, "Criteria for a
Recommended Standard: W orking in Confined Spaces."
(c) Reporting.  Decommissioning must be reported to the department within thirty days using the
applicable checklist provided by the department. The checklist must be completed by the service provider .
(3) Site assessment.  When an UST system under goes a change-in-service, a site assessment must be
performed around the system in accordance with W AC 173-360A-0730. Unless otherwise directed by the
department, a site assessment is not required if:
(a) A release from the UST system had previously been confirmed and reported to the department; and
(b) Further remedial action is necessary to investigate or clean up the confirmed release under W AC 173-
360A-0750(4).
(4) Return of facility compliance tag.  If there are no UST systems in operation at the UST facility , the
facility compliance tag must be returned to the department with the checklist required under subsection (2)(c) of
this section.
(5) Partially exempt UST systems – Notice of change-in-service.  Owners and operators of a partially
exempt UST system identified in W AC 173-360A-01 10 (2)(a) must notify the department in writing within
thirty days of the change-in-service of the UST system.
NEW SECTION
WAC 173-360A-0830 Previously closed UST systems.
When directed by the department, owners and operators of the following UST systems must permanently
close those systems (decommission and perform site assessments around the systems) in accordance with W AC
173-360A-0810 if the department determines releases from those systems may pose a current or potential threat
to human health or the environment or if any additional closure activities are performed:
(1) UST systems permanently closed before December 22, 1988; and
(2) Previously deferred UST systems permanently closed before October 1, 2018.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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SER VICE PROVIDERS
NEW SECTION
WAC 173-360A-0900 Purpose and applicability .
(1) This part establishes a certification program for service providers, specifies the responsibilities of
services providers, and identifies which services on UST systems must be performed by certified service
providers. The certification program is designed to ensure that the services performed on UST systems are
performed safely and in a manner that will protect human health and the environment.
(2) The requirements of this part apply to any services performed on an UST system requiring the use of
a service provider under this chapter .
(3) The applicability of this part does not af fect the applicability of any other legally applicable licensing
requirements or manufacturer certification requirements.
NEW SECTION
WAC 173-360A-0910 General r equir ements.
Owners and operators must ensure that:
(1) UST system services are performed by or under the direct supervision of a service provider who is
certified to perform the services in accordance with W AC 173-360A-0920 and 173-360A-0930;
(2) UST system services are performed in accordance with the requirements of this chapter and any other
legally applicable requirements;
(3) UST system services are reported in accordance with W AC 173-360A-0230(3); and
(4) Records of UST system services are maintained in accordance with W AC 173-360A-0240(1).
NEW SECTION
WAC 173-360A-0920 Certifications r equir ed to perform services.
Owners and operators must ensure that UST system services are performed by or under the direct
supervision of a service provider certified in accordance with the requirements of this section. T able 0920-1
identifies the UST system services requiring the use of a service provider and the certification that a service
provider must have to perform those services. There are six types of certification, which are specified in W AC
173-360A-0930. Some UST system services may be performed by more than one type of service provider .
Table 0920-1: T ype of Certification Requir ed to Perform UST System Services
UST System Service Service Requirements Type of
Certification
Services not involving corrosion protection
Installing UST systems or components WAC 173-360A-0300 Installation/repair
Performing internal inspections of tanks WAC 173-360A-0320 (1) and (2)(a)(ii)(A),
WAC 173-360A-0330 (1) and (2)(a)(i)(B), or
WAC 173-360A-0440Installation/repair
Tightness testing of containment sumps used for
interstitial monitoringWAC 173-360A-0450 Tightness testing or
installation/repair
Tightness testing of spill prevention equipment WAC 173-360A-0460 Tightness testing or
installation/repair
Inspecting overfill prevention equipment WAC 173-360A-0470 Tightness testing or
installation/repair
Testing of electronic or mechanical release
detection equipmentWAC 173-360A-0480 Tightness testing or
installation/repair8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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cathodic protection systemsWAC 173-360A-0490 Installation/repair
Tightness testing of secondary containment areas
of tanks or piping used for interstitial monitoringWAC 173-360A-0490 (4)(c) Tightness testing or
installation/repair
Tightness testing of tanks WAC 173-360A-0635 Tightness testing
Tightness testing of piping WAC 173-360A-0650 Tightness testing
Site evaluations required to use vapor or
groundwater monitoring as a release detection
methodWAC 173-360A-0660(2) or
WAC 173-360A-0665(2)Site assessment
Site assessments, including site checks WAC 173-360A-0730 Site assessment
Decommissioning tanks or piping undergoing
permanent closure or change-in-serviceWAC 173-360A-0810(2) or
WAC 173-360A-0820(2)Decommissioning
Services involving corrosion protection
Assessments of corrosion potential WAC 173-360A-0310 (3)(c) Corrosion expert
Designing cathodic protection systems WAC 173-360A-0310 (3)(b) and
WAC 173-360A-0300Corrosion expert
Installing cathodic protection systems designed by
corrosion expertWAC 173-360A-0300 Installation/repair,
corrosion expert, or
cathodic protection
tester (1)
Testing cathodic protection systems WAC 173-360A-0430(2) Corrosion expert or
cathodic protection
tester
Evaluating cathodic protection systems that are
inadequately protecting tanks or piping based on
results of cathodic protection tests or rectifier
inspectionsWAC 173-360A-0430(2) or
WAC 173-360A-0430(3)Corrosion expert
Specifying or designing repairs of cathodic
protection systems, including rectifier adjustmentsWAC 173-360A-0310 (3)(b) and
WAC 173-360A-0490Corrosion expert
Repairing cathodic protection systems, including
making rectifier adjustments, specified or
designed by corrosion expertWAC 173-360A-0490 Installation/repair,
corrosion expert, or
cathodic protection
tester (1)
Footnotes:(1) To perform the specified UST system services, a cathodic protection tester must be certified by the International Code Council.
NEW SECTION
WAC 173-360A-0930 Certification of service pr oviders.
Owners and operators must ensure that service providers performing UST system services are certified in
accordance with the requirements of this section.
(1) Installation and r epair . To perform or directly supervise UST system services requiring certification
in installation and repair , a service provider must be certified as having suf ficient education and experience by:
(a) The International Code Council (UST Installation/Retrofitting - U1);
(b) Another nationally or internationally recognized association approved by the department that
provides a qualifying examination; or
(c) Passing another qualifying examination approved by the department.
(2) Tightness testing.  To perform or directly supervise UST system services requiring certification in
tightness testing, a service provider must be certified as having suf ficient education and experience by:
(a) The International Code Council (UST T ank T ightness T esting - U3);
(b) Another nationally or internationally recognized association approved by the department that
provides a qualifying examination; or
(c) Passing another qualifying examination approved by the department.
(3) Site assessment.  To perform or directly supervise UST system services requiring certification in site
assessment, a service provider must be certified as having suf ficient education and experience by:8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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(b) Another nationally or internationally recognized association approved by the department that
provides a qualifying examination;
(c) Passing another qualifying examination approved by the department; or
(d) Being licensed as a professional engineer or hydrogeologist in W ashington state under chapter 18.43
or 18.220  RCW and being able to demonstrate competence in site assessment by means of examination,
experience, or education.
(4) Decommissioning.  To perform or directly supervise UST system services requiring certification in
decommissioning, a service provider must be certified as having suf ficient education and experience by:
(a) The International Code Council (UST Decommissioning - U2);
(b) Another nationally or internationally recognized association approved by the department that
provides a qualifying examination; or
(c) Passing another qualifying examination approved by the department.
(5) Corr osion expert.  To perform or directly supervise UST system services requiring certification as a
corrosion expert, as defined in W AC 173-360A-0150(13), a service provider must be certified as having
sufficient education and experience by:
(a) The National Association of Corrosion Engineers;
(b) Another nationally or internationally recognized association approved by the department that
provides a qualifying examination;
(c) Passing another qualifying examination approved by the department; or
(d) Being licensed as a professional engineer in W ashington state under chapter 18.43  RCW and certified
as cathodic protection tester under subsection (6) of this section.
(6) Cathodic pr otection tester . To perform or directly supervise UST system services requiring
certification as a cathodic protection tester , as defined in W AC 173-360A-0150(4), a service provider must be
certified as having suf ficient education and experience by:
(a) The International Code Council (UST Cathodic Protection - U4);
(b) The National Association of Corrosion Engineers;
(c) The Steel T ank Institute;
(d) Another nationally or internationally recognized association approved by the department that
provides a qualifying examination; or
(e) Passing another qualifying examination approved by the department.
NEW SECTION
WAC 173-360A-0940 Responsibilities of service pr oviders.
Service providers must comply with the requirements of this section.
(1) Certification and r ecords.
(a) Service providers must be certified to perform or directly supervise the performance of UST system
services in accordance with W AC 173-360A-0920 and 173-360A-0930.
(b) Service providers must maintain proof that they are certified to perform or directly supervise the
performance of UST system services under W AC 173-360A-0920 and 173-360A-0930, such as licenses or
certificates, and make such proof readily available for inspection upon request by the department.
(2) Performance of services.  Services providers must perform or directly supervise the performance of
UST system services in accordance with the requirements of this chapter and any other legally applicable
requirements, including:
(a) Chapters 18.27  RCW and 296-200A W AC, which apply to individuals who are general and specialty
contractors;
(b) Chapters 18.104  RCW and 173-162 W AC, which apply to individuals who install groundwater
monitoring wells;
(c) Chapters 19.28  RCW and 296-46B W AC, which apply to individuals who install and repair impressed
current cathodic protection systems; and
(d) Chapters 49.17  RCW and 296-62 and 296-802 W AC, which apply to individuals engaged in activities
involving hazardous chemicals and substances and who perform confined space entry during field activities, and8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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(3) Presence during services.  Service providers must be present at the UST facility when and where
UST system services are performed, including during the activities specified in this subsection.
(a) When installing tanks or piping, services providers must be present when:
(i) Preparing the excavation zone immediately before receiving backfill and placing the tanks or piping
into the excavation zone;
(ii) Any movement of the tanks at the UST facility , including transferring the tanks from the vehicle used
to transport them to the facility;
(iii) Setting the tanks or piping into the excavation zone, including placing any anchoring devices or
strapping, and backfilling to the level of the tank or piping;
(iv) Placing and connecting the piping to tanks or dispensers;
(v) Pressure testing the tanks or piping during installation; and
(vi) Completing the backfill and filling of the excavation zone.
(b) When decommissioning tanks or piping runs under going permanent closure or a change-in-service,
services providers must be present when:
(i) Pur ging or inerting the tanks or piping;
(ii) Excavating around the tanks or piping before removal;
(iii) Removing the tanks from the excavation zone;
(iv) Removing or capping the piping;
(v) Cleaning the tanks, including removing and disposing of any accumulated sludge; and
(vi) Undertaking any movement of the tanks at the UST facility , including transferring tanks to the
vehicle used to transport them from the facility .
(c) T anks and piping runs under going permanent closure may not be removed from the ground unless
both the service provider decommissioning the tanks or piping runs and the service provider performing the site
assessment are present.
(4) Documenting services.  Service providers must document the UST system services specified in W AC
173-360A-0230(3) by completing the applicable checklists and reports required under this chapter .
(5) Reporting noncompliance.  If a service provider determines that an UST system for which they are
providing services is not in compliance with the requirements of this chapter , then the service provider must
notify the owner or operator of the determination within twenty-four hours.
(6) Reporting confirmed r eleases.  If a service provider confirms a release from an UST system that
may pose a threat to human health or the environment, then the service provider must notify:
(a) The owner or operator of the UST system immediately; and
(b) The department within twenty-four hours. However , if an owner or operator of the UST system is not
immediately available, the service provider must notify the department immediately .
(7) Enfor cement and penalties.  Service providers who violate the requirements of this chapter or
submit false information under this chapter are subject to enforcement and civil penalties under W AC 173-360A-
0270 and 173-360A-0290.
PART 10
FINANCIAL RESPONSIBILITY
NEW SECTION
WAC 173-360A-1000 Applicability .
(1) This part applies to owners and operators of all UST systems except as otherwise provided in this
section.
(2) This part does not apply to owners and operators of any exempt UST system described in W AC 173-
360A-01 10(1).
(3) State and federal government entities whose debts and liabilities are the debts and liabilities of a state
or the United States are exempt from the requirements of this part.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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demonstrate financial responsibility; however , both parties are liable in event of noncompliance.
NEW SECTION
WAC 173-360A-1005 Definition of terms.
For the purposes of this part, the following definitions apply unless the context clearly indicates
otherwise.
(1) "Accidental r elease"  means any sudden or nonsudden release of regulated substances arising from
operating an under ground storage tank that results in a need for remedial action and/or compensation for bodily
injury or property damage neither expected nor intended by the tank owner or operator .
(2) "Bodily injury"  has the meaning given to this term by applicable state law; however , this term does
not include those liabilities which, consistent with standard insurance industry practices, are excluded from
coverage in liability insurance policies for bodily injury .
(3) "Chief financial officer ," in the case of local government owners and operators, means the
individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the
local government.
(4) "Contr olling inter est" means direct ownership of at least fifty percent of the voting stock of another
entity .
(5) "Financial r eporting year"  means the latest consecutive twelve-month period for which any of the
following reports used to support a financial test is prepared: (a) A 10-K report submitted to the U.S. Securities
and Exchange Commission; (b) an annual report of tangible net worth submitted to Dun and Bradstreet; or (c)
annual reports submitted to the Ener gy Information Administration or the Rural Utilities Service. "Financial
reporting year" may thus comprise a fiscal or a calendar year period.
(6) "Legal defense cost"  means any expense that an owner or operator or provider of financial
assurance incurs in defending against claims or actions brought:
(a) By the U.S. Environmental Protection Agency or a state to require remedial action or to recover the
costs of remedial action;
(b) By or on behalf of a third party for bodily injury or property damage caused by an accidental release;
or
(c) By any person to enforce the terms of a financial assurance mechanism.
(7) "Local government"  has the meaning given to this term by applicable state law and includes Indian
tribes. The term is generally intended to include:
(a) Counties, municipalities, townships, separately chartered and operated special districts (including
local government public transit systems and redevelopment authorities), and independent school districts
authorized as governmental bodies by state charter or constitution; and
(b) Special districts and independent school districts established by counties, municipalities, townships,
and other general purpose governments to provide essential services.
(8) "Occurr ence"  means an accident, including continuous or repeated exposure to conditions, which
results in a release from an under ground storage tank. This definition is intended to assist in the understanding of
this part and is not intended either to limit the meaning of "occurrence" in a way that conflicts with standard
insurance usage or to prevent the use of other standard insurance terms in place of "occurrence."
(9) "Owner or operator ," means, for the purposes of this part, when the owner or operator are separate
parties, the party that is responsible for obtaining or has obtained financial assurances.
(10) "Petr oleum marketing facilities"  means all facilities at which petroleum is produced or refined
and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.
(11) "Property damage"  has the meaning given to this term by applicable state law . This term does not
include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage
in liability insurance policies for property damage. However , such exclusions for property damage do not
include remedial action associated with releases from under ground storage tanks which are covered by the
policy .
(12) "Provider of financial assurance"  means an entity that provides financial assurance to an owner or
operator of an under ground storage tank through one of the mechanisms listed in W AC 173-360A-1060 through8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 66 / 105173-360A-1073, including a guarantor , insurer , risk retention group, surety , or issuer of a letter of credit.
(13) "Substantial business r elationship"  means the extent of a business relationship necessary under
applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A
guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic
transactions between the guarantor and the owner or operator .
(14) "Substantial governmental r elationship"  means the extent of a governmental relationship
necessary under applicable state law to make an added guarantee contract issued incident to that relationship
valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear
commonality of interest in the event of an under ground storage tank release such as coterminous boundaries,
overlapping constituencies, common groundwater aquifer , or other relationship other than monetary
compensation that provides a motivation for the guarantor to provide a guarantee.
(15) "Tangible net worth"  means the tangible assets that remain after deducting liabilities; such assets
do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition,
"assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity
as a result of past transactions.
(16) "Termination"  under W AC 173-360A-1082 and 173-360A-1083 means only those changes that
could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained
substitute coverage with a dif ferent retroactive date than the retroactive date of the original policy .
NEW SECTION
WAC 173-360A-1010 Period of financial r esponsibility .
(1) General r equir ement.  Except as provided in subsection (2) of this section, an owner or operator
must continuously demonstrate financial responsibility for an UST system from the date of its installation until
the date of its permanent closure or change-in-service.
(2) Suspension during temporary closur e. An owner or operator is not required to demonstrate
financial responsibility for an UST system while it is temporarily closed if:
(a) The UST system is emptied in accordance with W AC 173-360A-0800(2); and
(b) After the UST system is emptied, a site assessment around the UST system is completed and reported
in accordance with W AC 173-360A-0730. Unless otherwise directed by the department, a site assessment is not
required if:
(i) A release from the UST system had previously been confirmed and reported to the department; and
(ii) Further remedial action is necessary to investigate or clean up the confirmed release under W AC 173-
360A-0750(4).
NEW SECTION
WAC 173-360A-1015 Scope and amount of financial r esponsibility .
(1) Scope.  Owners or operators of under ground storage tanks must demonstrate financial responsibility
for taking remedial action and for compensating third parties for bodily injury and property damage caused by
accidental releases arising from the operation of under ground storage tanks.
(2) Amount.
(a) Per occurr ence amounts.  Owners or operators of under ground storage tanks must demonstrate
financial responsibility for the types of coverage specified in subsection (1) of this section in at least the
following per -occurrence amounts:
(i) For owners or operators of under ground storage tanks that are located at petroleum marketing
facilities, or that handle an average of more than ten thousand gallons of regulated substances per month based
on annual throughput for the previous calendar year , one million dollars; and
(ii) For all other owners or operators of under ground storage tanks, five hundred thousand dollars.
(b) Annual aggr egate amounts.  Owners or operators of under ground storage tanks must demonstrate
financial responsibility for the types of coverage specified in subsection (1) of this section in at least the8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 67 / 105following annual aggregate amounts:
(i) For owners or operators of one to one hundred under ground storage tanks, one million dollars; and
(ii) For owners or operators of one hundred one or more under ground storage tanks, two million dollars.
(c) Use of separate mechanisms for differ ent types of coverage.  Except as provided in (d) of this
subsection, if the owner or operator uses separate mechanisms or separate combinations of mechanisms to
demonstrate financial responsibility for the following, then the amount of assurance provided by each
mechanism or combination of mechanisms must be in the full amount specified in (a) and (b) of this subsection:
(i) Taking remedial action;
(ii) Compensating third parties for bodily injury and property damage caused by sudden accidental
releases; or
(iii) Compensating third parties for bodily injury and property damage caused by nonsudden accidental
releases.
(d) Use of separate mechanisms for differ ent tanks.  If an owner or operator uses separate mechanisms
or separate combinations of mechanisms to demonstrate financial responsibility for dif ferent under ground
storage tanks, then the annual aggregate amount required must be based on the number of tanks covered by each
such separate mechanism or combination of mechanisms.
(e) Review of aggr egate amounts.  Owners or operators must review the amount of aggregate assurance
provided whenever additional under ground storage tanks are acquired or installed. If the number of under ground
storage tanks for which assurance must be provided exceeds one hundred, the owner or operator must
demonstrate financial responsibility in the amount of at least two million dollars of annual aggregate assurance
by the anniversary of the date on which the mechanism demonstrating financial responsibility became ef fective.
If assurance is being demonstrated by a combination of mechanisms, the owner or operator must demonstrate
financial responsibility in the amount of at least two million dollars of annual aggregate assurance by the first-
occurring ef fective date anniversary of any one of the mechanisms combined (other than a financial test or
guarantee) to provide assurance.
(f) Amounts exclude legal costs.  The amounts of assurance required under this section exclude legal
defense costs.
(g) For the purposes of (b) and (e) of this subsection only , "an under ground storage tank" means a single
containment unit and does not mean combinations of single containment units.
(3) Liability of owner or operator . The scope and amount of required financial responsibility specified
in subsections (1) and (2) of this section do not in any way limit the liability of the owner or operator .
NEW SECTION
WAC 173-360A-1020 Allowable mechanisms and combinations of mechanisms.
(1) For all owners or operators.  Subject to the limitation of subsection (3) of this section, an owner or
operator , including a local government owner or operator , may use any one or combination of the mechanisms
listed in W AC 173-360A-1060 through 173-360A-1066 to demonstrate financial responsibility under this part
for one or more under ground storage tanks.
(2) For only local governments owners or operators.  Subject to the limitation of subsection (3) of this
section, a local government owner or operator may also use any one or combination of the mechanisms listed in
WAC 173-360A-1070 through 173-360A-1073 to demonstrate financial responsibility under this part for one or
more under ground storage tanks.
(3) Limitation on combining self-insurance and guarantee.  An owner or operator may use self-
insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial
test under this rule, the financial statements of the owner or operator are not consolidated with the financial
statements of the guarantor .
NEW SECTION
WAC 173-360A-1025 Substitution of mechanisms by owners or operators.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 68 / 105(1) Authority . An owner or operator may substitute any alternate financial assurance mechanisms as
specified in this part, provided that at all times the owner or operator maintains an ef fective financial assurance
mechanism or combination of mechanisms that satisfies the requirements of W AC 173-360A-1015.
(2) Cancellation.  After obtaining alternate financial assurance as specified in this part, an owner or
operator may cancel a financial assurance mechanism by providing notice to the provider of financial assurance
in accordance with requirements for cancellation set forth for the specific mechanism in W AC 173-360A-1060
through 173-360A-1073.
NEW SECTION
WAC 173-360A-1030 Termination of mechanisms by pr oviders.
(1) Authority . Except as otherwise provided, a provider of financial assurance may cancel or fail to
renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator .
(2) Date of termination.
(a) Guarantee, sur ety bond, or letter of cr edit. Termination of a local government guarantee, a
guarantee, a surety bond, or a letter of credit may not occur until one hundred twenty days after the date on
which the owner or operator receives the notice of termination, as evidenced by the return receipt.
(b) Insurance or risk r etention gr oup coverage.  Termination of insurance or risk retention group
coverage, except for nonpayment or misrepresentation by the insured, may not occur until sixty days after the
date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.
Termination for nonpayment of premium or misrepresentation by the insured may not occur until a minimum of
ten days after the date on which the owner or operator receives the notice of termination, as evidenced by the
return receipt.
(3) Obtaining alternate coverage.
(a) If pr ovider incapacitated.  If a provider of financial assurance cancels or fails to renew for reasons of
incapacity of the provider , then the owner or operator must obtain alternate coverage as specified in W AC 173-
360A-1035.
(b) If pr ovider not incapacitated.  If a provider of financial assurance cancels or fails to renew for
reasons other than incapacity of the provider , then the owner or operator must obtain alternate coverage as
specified in this section within sixty days after receipt of the notice of termination. If the owner or operator fails
to obtain alternate coverage within sixty days after receipt of the notice of termination, then by that date the
owner or operator must notify the department of the failure and submit:
(i) The name and address of the provider of financial assurance;
(ii) The ef fective date of termination; and
(iii) The evidence of the financial assurance mechanism subject to the termination maintained in
accordance with W AC 173-360A-1040(2).
NEW SECTION
WAC 173-360A-1035 Responsibilities upon bankruptcy or other incapacity of owner or operator
or pr ovider of financial assurance.
(1) Notifying department upon bankruptcy of owners or operators.  Within ten days after
commencement of a voluntary or involuntary proceeding under T itle 1 1 (Bankruptcy), U.S. Code, naming an
owner or operator as debtor , the owner or operator must notify the department by certified mail of such
commencement and submit the evidence of financial responsibility specified in W AC 173-360A-1040(2).
(2) Notifying owners or operators upon bankruptcy of guarantor . Within ten days after
commencement of a voluntary or involuntary proceeding under T itle 1 1 (Bankruptcy), U.S. Code, naming a
guarantor providing financial assurance as debtor , such guarantor must notify the owner or operator by certified
mail of such commencement as required under the terms of the guarantee specified in W AC 173-360A-1061.
(3) Notifying department upon bankruptcy of local government owner or operator . Within ten days
after commencement of a voluntary or involuntary proceeding under T itle 1 1 (Bankruptcy), U.S. Code, naming a8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 69 / 105local government owner or operator as debtor , the local government owner or operator must notify the
department by certified mail of such commencement and submit the evidence of financial responsibility
specified in W AC 173-360A-1040(2).
(4) Notifying owners or operators upon bankruptcy of guarantor pr oviding local government
assurance.  Within ten days after commencement of a voluntary or involuntary proceeding under T itle 1 1
(Bankruptcy), U.S. Code, naming a guarantor providing a local government financial assurance as debtor , such
guarantor must notify the local government owner or operator by certified mail of such commencement as
required under the terms of the guarantee specified in W AC 173-360A-1072.
(5) Obtaining alternate financial assurance upon bankruptcy or incapacity of pr ovider . An owner
or operator who obtains financial assurance by a mechanism other than the financial test of self-insurance will be
deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider
of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to
issue a guarantee, insurance policy , risk retention group coverage policy , surety bond, or letter of credit. The
owner or operator must obtain alternate financial assurance as specified in this part within thirty days after
receiving notice of such an event. If the owner or operator fails to obtain alternate coverage within thirty days
after such notification, then by that date the owner or operator must notify the department of the failure and
submit the evidence of financial responsibility specified in W AC 173-360A-1040(2).
NEW SECTION
WAC 173-360A-1040 Recordkeeping by owners and operators.
(1) Requir ement to maintain evidence.  Owners or operators must maintain evidence of all financial
assurance mechanisms used to demonstrate financial responsibility under this part for an under ground storage
tank until released from the requirements of this part under W AC 173-360A-1010. Owners or operators must
make records readily available upon request by the department.
(2) Types of evidence r equir ed. An owner or operator must maintain the following types of evidence of
financial responsibility:
(a) Certification of financial r esponsibility . An owner or operator using an assurance mechanism
specified in W AC 173-360A-1060 through 173-360A-1073 must maintain an updated copy of a certification of
financial responsibility worded as set forth in W AC 173-360A-1096, except that instructions in brackets are to
be replaced with the relevant information and the brackets deleted. The owner or operator must update this
certification whenever the financial assurance mechanism(s) used to demonstrate financial responsibility
change(s).
(b) Assurance mechanism instrument.  An owner or operator using an assurance mechanism specified
in WAC 173-360A-1060 through 173-360A-1065 or 173-360A-1070 through 173-360A-1073 must maintain a
copy of the instrument worded as specified.
(c) An owner or operator using a financial test or guarantee must maintain a copy of the chief financial
officer's letter based on year -end financial statements for the most recent completed financial reporting year .
Such evidence must be on file no later than one hundred twenty days after the close of the financial reporting
year.
(d) An owner or operator using an insurance policy or risk retention group coverage must maintain a
copy of the signed insurance policy or risk retention group coverage policy , with the endorsement or certificate
of insurance and any amendments to the agreements.
(e) An owner or operator using a guarantee, surety bond, or letter of credit must maintain a copy of the
signed standby trust fund agreement and copies of any amendments to the agreement.
(f) A local government owner or operator using the local government bond rating test under W AC 173-
360A-1070 must maintain a copy of its bond rating published within the last twelve months by Moody's or
Standard & Poor's.
(g) A local government owner or operator using the local government financial test under W AC 173-
360A-1071 or the local government guarantee under W AC 173-360A-1072 supported by the local government
financial test must maintain a copy of the chief financial of ficer's letter based on year -end financial statements
for the most recent completed financial reporting year . Such evidence must be on file no later than one hundred
twenty days after the close of the financial reporting year .8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 70 / 105(h) A local government owner or operator using the local government guarantee under W AC 173-360A-
1072 supported by the local government bond rating test under W AC 173-360A-1070 must maintain a copy of
the guarantor's bond rating published within the last twelve months by Moody's or Standard & Poor's.
(i) A local government owner or operator using the local government guarantee under W AC 173-360A-
1072 (4)(a) must maintain a copy of the signed standby trust fund agreement and copies of any amendments to
the agreement.
(j) An owner or operator using a local government fund under W AC 173-360A-1073 must maintain the
following documents:
(i) A copy of the state constitutional provision or local government statute, charter , ordinance, or order
dedicating the fund; and
(ii) Y ear-end financial statements for the most recent completed financial reporting year showing the
amount in the fund. If the fund is established under W AC 173-360A-1073 (3)(c) using incremental funding
backed by bonding authority , then the financial statements must show the previous year's balance, the amount of
funding during the year , and the closing balance in the fund.
(k) An owner or operator using a local government fund established under W AC 173-360A-1073 (3)(c)
using incremental funding backed by bonding authority must also maintain documentation of the required
bonding authority , including either:
(i) The results of a voter referendum under W AC 173-360A-1073 (3)(c)(i); or
(ii) Attestation by the state attorney general as specified under W AC 173-360A-1073 (3)(c)(ii).
NEW SECTION
WAC 173-360A-1045 Reporting by owners and operators.
(1) Demonstration of financial r esponsibility .
(a) Upon application for a license.  When applying for a license for an under ground storage tank, the
owner or operator must submit to the department of revenue a copy of the following to demonstrate financial
responsibility for the under ground storage tank:
(i) Certification of financial responsibility (W AC 173-360A-1096); and
(ii) If the financial assurance mechanisms used include insurance or risk retention group coverage, then
the endorsement (W AC 173-360A-1082) or certificate of insurance (W AC 173-360A-1083).
(b) Upon r enewal or substitution of financial assurances.  Upon renewal or substitution of, or any
other changes to, the financial assurance mechanism(s) used to demonstrate financial responsibility , the owner or
operator must immediately submit to the department of revenue an updated copy of the following:
(i) Certification of financial responsibility (W AC 173-360A-1096); and
(ii) If the financial assurance mechanism(s) used include insurance or risk retention group coverage, then
the endorsement (W AC 173-360A-1082) or certificate of insurance (W AC 173-360A-1083).
(c) Upon cancellation or termination of financial assurances.  Upon receipt of a notice of cancellation
or termination of any financial assurance mechanism used to demonstrate financial responsibility , the owner or
operator must immediately submit a copy of the notice to the department of revenue.
(2) Submission of financial r esponsibility r ecords.
(a) Upon confirmed r elease.  An owner or operator must submit to the department the financial
responsibility records specified in W AC 173-360A-1040(2) within thirty days after the owner or operator
confirms a release from an under ground storage tank required to be reported under W AC 173-360A-0750.
(b) Upon bankruptcy of owner or operator . An owner or operator must submit to the department the
financial responsibility records specified in W AC 173-360A-1040(2) within ten days after commencement of a
voluntary or involuntary proceeding under T itle 1 1 (Bankruptcy), U.S. Code, naming an owner or operator as
debtor .
(c) Upon failur e of owner or operator to obtain alternate coverage.
(i) Upon failur e to pass financial test.  If a self-insured owner or operator fails to meet the requirements
of the applicable financial test in W AC 173-360A-1060 and fails to obtain alternate coverage by the specified
date, then by that date the owner or operator must notify the department of the failure and submit the financial
responsibility records specified in W AC 173-360A-1040(2).8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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government owner or operator fails to meet the bond rating test requirements in W AC 173-360A-1070 or the
financial test requirements in W AC 173-360A-1071 and fails to obtain alternate coverage by the specified date,
then by that date the local government owner or operator must notify the department of the failure and submit
the financial responsibility records specified in W AC 173-360A-1040(2).
(iii) Upon incapacity of pr ovider . If an owner or operator fails to obtain alternate coverage within thirty
days after receiving notice of the following, then by that date the owner or operator must notify the department
of the failure and submit the financial responsibility records specified in W AC 173-360A-1040(2):
(A) Commencement of a voluntary or involuntary proceeding under T itle 1 1 (Bankruptcy), U.S. Code,
naming a provider of financial assurance as a debtor;
(B) Suspension or revocation of the authority of a provider of financial assurance to issue a financial
assurance mechanism;
(C) Failure of a guarantor to meet the requirements of W AC 173-360A-1061;
(D) Failure of a local government guarantor to meet the requirements of W AC 173-360A-1072; or
(E) Other incapacity of a provider of financial assurance.
(iv) Upon other termination by pr ovider . If a provider cancels or fails to renew a financial assurance
mechanism for reasons other than incapacity and the owner or operator fails to obtain alternate coverage within
sixty days after receiving notice of termination by the provider , then by that date the owner or operator must
notify the department of the failure and submit the information required in W AC 173-360A-1030 (3)(b).
(3) Requests by department.  The department may require an owner or operator to submit the financial
responsibility records specified in W AC 173-360A-1040(2) or other information relevant to compliance with this
part at any time.
NEW SECTION
WAC 173-360A-1050 Use of standby trusts.
(1) Funding of trust.  Except as specified in W AC 173-360A-1055, the department must require the
guarantor , surety , or institution issuing a letter of credit to place the amount of funds stipulated by the
department, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if:
(a) The following conditions are satisfied:
(i) The owner or operator fails to establish alternate financial assurance within sixty days after receiving
notice of cancellation of the guarantee, surety bond, letter of credit, or , as applicable, other financial assurance
mechanism; and
(ii) The department determines or suspects that a release from an under ground storage tank covered by
the mechanism has occurred and so notifies the owner or operator or the owner or operator has notified the
department pursuant to Part 7 of this chapter of a release from an under ground storage tank covered by the
mechanism; or
(b) The conditions of subsection (2)(a), (b)(i) or (ii) of this section are satisfied.
(2) Drawing on trust.  The department may draw on a standby trust fund when:
(a) The department makes a final determination that a release has occurred and immediate or long-term
remedial action for the release is needed, and the owner or operator , after appropriate notice and opportunity to
comply , has not conducted remedial action as required under W AC 173-360A-0750; or
(b) The department has received either:
(i) Certification from the owner or operator and the third-party liability claimant(s) and from attorneys
representing the owner or operator and the third-party liability claimant(s) that a third-party liability claim
should be paid. The certification must be worded as set forth in W AC 173-360A-1097, except that instructions in
brackets are to be replaced with the relevant information and the brackets deleted; or
(ii) A valid final court order establishing a judgment against the owner or operator for bodily injury or
property damage caused by an accidental release from an under ground storage tank covered by financial
assurance under this part and the department determines that the owner or operator has not satisfied the
judgment.
(3) Priority of payments.  If the department determines that the amount of remedial action costs and
third-party liability claims eligible for payment under subsection (2) of this section may exceed the balance of8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
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must be remedial action costs necessary to protect human health and the environment. The department must pay
third-party liability claims in the order in which the department receives certifications under subsection (2)(b)(i)
of this section and valid court orders under subsection (2)(b)(ii) of this section.
(4) Replenishment of mechanisms.
(a) General.  If at any time after a standby trust is funded upon the instruction of the department with
funds drawn from a guarantee, local government guarantee with standby trust, letter of credit, or surety bond,
and the amount in the standby trust is reduced below the full amount of coverage required, then the owner or
operator must by the anniversary date of the financial mechanism from which the funds were drawn:
(i) Replenish the value of financial assurance to equal the full amount of coverage required under W AC
173-360A-1015(2); or
(ii) Acquire another financial assurance mechanism for the amount by which funds in the standby trust
have been reduced.
(b) Combination of mechanisms.  If a combination of mechanisms was used to provide the assurance
funds which were drawn upon, then the owner or operator must take the actions required under (a)(i) or (ii) of
this subsection by the earliest anniversary date among the mechanisms.
(5) Refunding of trust balance to pr oviders.  The department will instruct the trustee to refund the
balance of the standby trust fund to the provider of financial assurance if the department determines that no
additional remedial action costs or third-party liability claims will occur as a result of a release covered by the
financial assurance mechanism for which the standby trust fund was established.
NEW SECTION
WAC 173-360A-1055 Use of local government guarantees without standby trusts.
A governmental entity acting as guarantor without a standby trust under W AC 173-360A-1072 (4)(c) or
(d) must make payments as directed by the department under the circumstances described in W AC 173-360A-
1050 (1) through (3).
NEW SECTION
WAC 173-360A-1060 Mechanism —Financial test of self-insurance.
(1) Applicability of mechanism.  An owner or operator , and/or guarantor , may satisfy the requirements
of W AC 173-360A-1015 by passing a financial test as specified in this section.
(2) Financial test r equir ements.  To pass the financial test of self-insurance, the owner or operator ,
and/or guarantor must meet the criteria of (a) or (b) of this subsection based on year -end financial statements for
the latest completed fiscal year .
(a) First test.
(i) The owner or operator , and/or guarantor , must have a tangible net worth of at least ten times:
(A) The total of the applicable aggregate amount required by W AC 173-360A-1015, based on the
number of under ground storage tanks for which a financial test is used to demonstrate financial responsibility to
the department under this section;
(B) The sum of the corrective action cost estimates, the current closure and post-closure care cost
estimates, and amount of liability coverage for which a financial test is used to demonstrate financial
responsibility to the U.S. Environmental Protection Agency (EP A) under 40 C.F .R. Parts 264.101, 264.143,
264.145, 265.143, 265.145, 264.147, and 265.147 or to a state agency under a state program authorized by EP A
under Part 271; and
(C) The sum of current plugging and abandonment cost estimates for which a financial test is used to
demonstrate financial responsibility to the U.S. Environmental Protection Agency (EP A) under 40 C.F .R. Part
144.63 or to a state agency under a state program authorized by EP A under 40 C.F .R. Part 145.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 73 / 105Note: Titles of the above-referenced C.F.R. citations are as follows: Part 264.101 - Corrective action for solid waste management units; Part 264.143
- Financial assurance for closure; Part 264.145 - Financial assurance for post-closure care; Part 265.143 - Financial assurance for closure; Part
265.145 - Financial assurance for post-closure care; Part 264.147 - Liability requirements; Part 265.147 - Liability requirements; Part 144.63 -
Financial assurance for plugging and abandonment; and Part 145 - State UIC program requirements.
(ii) The owner or operator , and/or guarantor , must have a tangible net worth of at least ten million
dollars.
(iii) The owner or operator , and/or guarantor , must have a letter signed by the chief financial of ficer as
specified in subsection (3) of this section and as set forth in W AC 173-360A-1080.
(iv) The owner or operator , and/or guarantor , must either:
(A) File financial statements annually with the U.S. Securities and Exchange Commission, the Ener gy
Information Administration, or the Rural Utilities Service; or
(B) Report annually the firm's tangible net worth to Dun and Bradstreet, and Dun and Bradstreet must
have assigned the firm a financial strength rating of 4A or 5A.
(v) The firm's year -end financial statements, if independently audited, cannot include an adverse auditor's
opinion, a disclaimer of opinion, or a "going concern" qualification.
(b) Second test.
(i) The owner or operator , and/or guarantor must meet the financial test requirements of 40 C.F .R.
264.147(f)(1), substituting the appropriate amounts specified in W AC 173-360A-1015 (2)(b)(i) and (ii) for the
"amount of liability coverage" each time specified in that section.
(ii) The fiscal year -end financial statements of the owner or operator , and/or guarantor , must be examined
by an independent certified public accountant and be accompanied by the accountant's report of the examination.
(iii) The firm's year -end financial statements cannot include an adverse auditor's opinion, a disclaimer of
opinion, or a "going concern" qualification.
(iv) The owner or operator , and/or guarantor , must have a letter signed by the chief financial of ficer,
worded as specified in subsection (3) of this section and as set forth in W AC 173-360A-1080.
(v) If the financial statements of the owner or operator , and/or guarantor , are not submitted annually to
the U.S. Securities and Exchange Commission, the Ener gy Information Administration or the Rural Utilities
Service, the owner or operator , and/or guarantor , must obtain a special report by an independent certified public
accountant stating that:
(A) He or she has compared the data that the letter from the chief financial of ficer specifies as having
been derived from the latest year -end financial statements of the owner or operator , and/or guarantor , with the
amounts in such financial statements; and
(B) In connection with that comparison, no matters came to his attention which caused him to believe
that the specified data should be adjusted.
(3) Letter fr om chief financial officer . To demonstrate that it meets the financial test under subsection
(2)(a) or (b) of this section, the chief financial of ficer of the owner or operator , and/or guarantor , must sign,
within one hundred twenty days of the close of each financial reporting year , as defined by the twelve-month
period for which financial statements used to support the financial test are prepared, a letter worded exactly as
set forth in W AC 173-360A-1080, except that the instructions in brackets are to be replaced by the relevant
information and the brackets deleted.
(4) Obtaining alternate coverage if fail test.  If an owner or operator using the test to provide financial
assurance finds that he or she no longer meets the requirements of the financial test based on the year -end
financial statements, the owner or operator must obtain alternate coverage within one hundred fifty days of the
end of the year for which financial statements have been prepared.
(5) Requests by department and findings of failur e. The department may require reports of financial
condition at any time from the owner or operator , and/or guarantor . If the department finds, on the basis of such
reports or other information, that the owner or operator , and/or guarantor , no longer meets the financial test
requirements of subsections (2)(a) or (b) and (3) of this section, the owner or operator must obtain alternate
coverage within thirty days after notification of such a finding.
(6) Notification of department if fail to obtain alternate coverage.  If the owner or operator fails to
obtain alternate coverage within one hundred fifty days of finding that he or she no longer meets the
requirements of the financial test based on the year -end financial statements, or within thirty days of notification
by the department that he or she no longer meets the requirements of the financial test, then by that date the
owner or operator must notify the department of such failure and submit the evidence of financial responsibility
specified in W AC 173-360A-1040(2).8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 74 / 105NEW SECTION
WAC 173-360A-1061 Mechanism —Guarantee.
(1) Applicability of mechanism.  An owner or operator may satisfy the requirements of W AC 173-360A-
1015 by obtaining a guarantee that conforms to the requirements of this section.
(2) Eligibility of guarantor . The guarantor must be:
(a) A firm that:
(i) Possesses a controlling interest in the owner or operator;
(ii) Possesses a controlling interest in a firm described under (a)(i) of this subsection; or
(iii) Is controlled through stock ownership by a common parent firm that possesses a controlling interest
in the owner or operator; or
(b) A firm engaged in a substantial business relationship with the owner or operator and issuing the
guarantee as an act incident to that business relationship.
(3) Financial test of guarantor . Within one hundred twenty days of the close of each financial reporting
year the guarantor must demonstrate that it meets the financial test criteria of W AC 173-360A-1060 based on
year-end financial statements for the latest completed financial reporting year by completing the letter from the
chief financial of ficer described in W AC 173-360A-1060(3) and must deliver the letter to the owner or operator .
(4) Responsibilities upon failur e of test.  If the guarantor fails to meet the requirements of the financial
test at the end of any financial reporting year , within one hundred twenty days of the end of that financial
reporting year the guarantor must send by certified mail, before cancellation or nonrenewal of the guarantee,
notice to the owner or operator . If the department notifies the guarantor that the guarantor no longer meets the
requirements of the financial test of W AC 173-360A-1060 (2)(a) or (b) and (3), the guarantor must notify the
owner or operator within ten days of receiving such notification from the department. In both cases, the
guarantee will terminate no less than one hundred twenty days after the date the owner or operator receives the
notification, as evidenced by the return receipt. The owner or operator must obtain alternate coverage as
specified in W AC 173-360A-1035(5).
(5) Content of guarantee.  The guarantee must be worded as set forth is W AC 173-360A-1081, except
that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
(6) Standby trust.  An owner or operator who uses a guarantee to satisfy the requirements of W AC 173-
360A-1015 must establish a standby trust fund when the guarantee is obtained. Under the terms of the guarantee,
all amounts paid by the guarantor under the guarantee will be deposited directly into the standby trust fund in
accordance with instructions from the department under W AC 173-360A-1050. This standby trust fund must
meet the requirements specified in W AC 173-360A-1066.
NEW SECTION
WAC 173-360A-1062 Mechanism —Insurance and risk r etention gr oup coverage.
(1) Applicability of mechanism.  An owner or operator may satisfy the requirements of W AC 173-360A-
1015 by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or
risk retention group. Such insurance may be in the form of a separate insurance policy or an endorsement to an
existing insurance policy .
(2) Eligibility of pr ovider . Each insurance policy must be issued by an insurer or a risk retention group
that, at a minimum, is licensed to transact the business of insurance or eligible to provide insurance as an excess
or surplus lines insurer in one or more states.
(3) Content of policy . Each insurance policy must be amended by an endorsement worded as specified
in WAC 173-360A-1082 or evidenced by a certificate of insurance worded as specified in W AC 173-360A-1083,
except that instructions in brackets must be replaced with the relevant information and the brackets deleted. Each
insurance policy must cover a claim arising from an accidental release arising from the operation of under ground
storage tanks, regardless of how the release was discovered or identified. No endorsement may amend an
insurance policy to restrict coverage of such a claim based on the how the release was discovered or identified.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 75 / 105NEW SECTION
WAC 173-360A-1063 Mechanism —Surety bond.
(1) Applicability of mechanism.  An owner or operator may satisfy the requirements of W AC 173-360A-
1015 by obtaining a surety bond that conforms to the requirements of this section.
(2) Eligibility of sur ety. The surety company issuing the bond must be among those listed as acceptable
sureties on federal bonds in the latest Circular 570 of the U.S. Department of the T reasury .
(3) Content of sur ety bond.  The surety bond must be worded as set forth in W AC 173-360A-1084,
except that instructions in brackets must be replaced with the relevant information and the brackets deleted.
(4) Liability of sur ety. Under the terms of the bond, the surety will become liable on the bond obligation
when the owner or operator fails to perform as guaranteed by the bond. In all cases, the surety's liability is
limited to the per -occurrence and annual aggregate penal sums.
(5) Standby trust.  The owner or operator who uses a surety bond to satisfy the requirements of W AC
173-360A-1015 must establish a standby trust fund when the surety bond is acquired. Under the terms of the
bond, all amounts paid by the surety under the bond will be deposited directly into the standby trust fund in
accordance with instructions from the department under W AC 173-360A-1050. This standby trust fund must
meet the requirements specified in W AC 173-360A-1066.
NEW SECTION
WAC 173-360A-1064 Mechanism —Letter of cr edit.
(1) Applicability of mechanism.  An owner or operator may satisfy the requirements of W AC 173-360A-
1015 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section.
(2) Eligibility of issuing institution.  The issuing institution must be an entity that has the authority to
issue letters of credit in W ashington state and whose letter -of-credit operations are regulated and examined by a
federal or state agency .
(3) Content of letter of cr edit. The letter of credit must be worded as set forth in W AC 173-360A-1085,
except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
(4) Term of letter of cr edit. The letter of credit must be irrevocable with a term specified by the issuing
institution. The letter of credit must provide that credit be automatically renewed for the same term as the
original term, unless, at least one hundred twenty days before the current expiration date, the issuing institution
notifies the owner or operator by certified mail of its decision not to renew the letter of credit. Under the terms
of the letter of credit, the one hundred twenty days will begin on the date when the owner or operator receives
the notice, as evidenced by the return receipt.
(5) Standby trust.  An owner or operator who uses a letter of credit to satisfy the requirements of W AC
173-360A-1015 must also establish a standby trust fund when the letter of credit is acquired. Under the terms of
the letter of credit, all amounts paid pursuant to a draft by the department will be deposited by the issuing
institution directly into the standby trust fund in accordance with instructions from the department under W AC
173-360A-1050. This standby trust fund must meet the requirements specified in W AC 173-360A-1066.
NEW SECTION
WAC 173-360A-1065 Mechanism —Trust fund
(1) Applicability of mechanism.  An owner or operator may satisfy the requirements of W AC 173-360A-
1015 by establishing a trust fund that conforms to the requirements of this section.
(2) Eligibility of trustee.  The trustee must be an entity that has the authority to act as a trustee and
whose trust operations are regulated and examined by a federal agency or an agency of the state in which the
fund is established.
(3) Content of trust agr eement.  The wording of the trust agreement must be identical to the wording
specified in W AC 173-360A-1086, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 76 / 105(4) Certification of acknowledgment.  The trust agreement must be accompanied by a formal
certification of acknowledgment worded as specified in W AC 173-360A-1087, except that instructions in
brackets are to be replaced with the relevant information and the brackets deleted.
(5) Amount of r equir ed funding.  The trust fund, when established, must be funded for the full required
amount of coverage, or funded for part of the required amount of coverage and used in combination with other
mechanism(s) that provide the remaining required coverage.
(6) Release of excess funds.
(a) Requests.
(i) If the value of the trust fund is greater than the required amount of coverage, the owner or operator
may submit a written request to the department for release of the excess.
(ii) If other financial assurance as specified in this part is substituted for all or part of the trust fund, the
owner or operator may submit a written request to the department for release of the excess.
(b) Response by department.  Within sixty days after receiving a request from the owner or operator for
release of funds as specified in (a)(i) or (ii) of this subsection, the department will instruct the trustee to release
to the owner or operator such funds as the department specifies in writing.
NEW SECTION
WAC 173-360A-1066 Mechanism —Standby trust fund.
(1) Applicability of mechanism.  An owner or operator using any one of the mechanisms authorized by
WAC 173-360A-1061, 173-360A-1063, or 173-360A-1064 must establish a standby trust fund when the
mechanism is acquired.
(2) Eligibility of trustee.  The trustee of the standby trust fund must be an entity that has the authority to
act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of the
state in which the fund is established.
(3) Content of trust agr eement.  The standby trust agreement or trust agreement must be worded as set
forth in W AC 173-360A-1086, except that instructions in brackets are to be replaced with the relevant
information and the brackets deleted.
(4) Certification of acknowledgment.  The standby trust agreement or trust agreement must be
accompanied by a formal certification of acknowledgment worded as specified in W AC 173-360A-1087, except
that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
(5) Use of trust as depository for multiple assurances.  An owner or operator may establish one trust
fund as the depository mechanism for all funds assured in compliance with this rule.
NEW SECTION
WAC 173-360A-1070 Mechanism —Local government bond rating test.
(1) Applicability of mechanism.  A local government owner or operator and/or local government serving
as a guarantor may satisfy the requirements of W AC 173-360A-1015 by meeting the bond rating test
requirements in subsection (2) of this section.
(2) Bond rating test r equir ements.
(a) General purpose local governments.  To pass the bond rating test, a general purpose local
government owner or operator and/or local government must have a currently outstanding issue or issues of
general obligation bonds of one million dollars or more, excluding refunded obligations, with a Moody's rating
of Aaa, Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB. Where a local government has
multiple outstanding issues, or where a local government's bonds are rated by both Moody's and Standard &
Poor's, the lowest rating must be used to determine eligibility . Bonds that are backed by credit enhancement
other than municipal bond insurance may not be considered in determining the amount of applicable bonds
outstanding.
(b) Nongeneral purpose local governments.  To pass the bond rating test, a local government owner or
operator or local government that is not a general-purpose local government and does not have the legal8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 77 / 105authority to issue general obligation bonds must have a currently outstanding issue or issues of revenue bonds of
one million dollars or more, excluding refunded issues, and by also having a Moody's rating of Aaa, Aa, A, or
Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the lowest rating for any rated revenue bond
issued by the local government. Where bonds are rated by both Moody's and Standard & Poor's, the lower rating
for each bond must be used to determine eligibility . Bonds that are backed by credit enhancement may not be
considered in determining the amount of applicable bonds outstanding.
(3) Letter fr om chief financial officer .
(a) General purpose local governments.  To demonstrate that it meets the local government bond rating
test, the chief financial of ficer of a general purpose local government owner or operator and/or guarantor must
sign a letter worded exactly as specified in W AC 173-360A-1088, except that the instructions in brackets are to
be replaced by the relevant information and the brackets deleted.
(b) Nongeneral purpose local governments.  To demonstrate that it meets the local government bond
rating test, the chief financial of ficer of local government owner or operator and/or guarantor other than a
general purpose government must sign a letter worded exactly as specified in W AC 173-360A-1089, except that
the instructions in brackets are to be replaced by the relevant information and the brackets deleted.
(4) Maintaining r ecords of bond rating.  The local government owner or operator and/or guarantor
must maintain a copy of its bond rating published within the last twelve months by Moody's or Standard &
Poor's.
(5) Obtaining alternate coverage if fail test.  If a local government owner or operator using the bond
rating test to provide financial assurance finds that it no longer meets the bond rating test requirements, then the
local government owner or operator must obtain alternate coverage within one hundred fifty days of the change
in status.
(6) Requests by department and findings of failur e. The department may require reports of financial
condition at any time from the local government owner or operator , and/or local government guarantor . If the
department finds, on the basis of such reports or other information, that the local government owner or operator ,
and/or guarantor , no longer meets the local government bond rating test requirements of this section, the local
government owner or operator must obtain alternate coverage within thirty days after notification of such a
finding.
(7) Notification of department if fail to obtain alternate coverage.  If a local government owner or
operator fails to obtain alternate coverage within one hundred fifty days of finding that it no longer meets the
requirements of the bond rating test or within thirty days of notification by the department that it no longer meets
the requirements of the bond rating test, then by that date the owner or operator must notify the department of
such failure and submit the evidence of financial responsibility specified in W AC 173-360A-1040(2).
NEW SECTION
WAC 173-360A-1071 Mechanism —Local government financial test.
(1) Applicability of mechanism.  A local government owner or operator may satisfy the requirements of
WAC 173-360A-1015 by passing the financial test specified in this section.
(2) Eligibility r equir ements.  To be eligible to use the financial test, the local government owner or
operator must have the ability and authority to assess and levy taxes or to freely establish fees and char ges.
(3) Financial test r equir ements.  To pass the local government financial test, the owner or operator must
meet the following criteria based on year -end financial statements for the latest completed fiscal year:
(a) The local government's year -end financial statements, if independently audited, cannot include an
adverse auditor's opinion or a disclaimer of opinion;
(b) The local government cannot have outstanding issues of general obligation or revenue bonds that are
rated as less than investment grade; and
(c) The local government owner or operator must have a letter signed by the chief financial of ficer
worded as specified in W AC 173-360A-1090.
(4) Financial information r equir ements.  The local government owner or operator must have the
following information available, as shown in the year -end financial statements for the latest completed fiscal
year:8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 78 / 105(a) Total r evenues , consisting of the sum of general fund operating and nonoperating revenues including
net local taxes, licenses and permits, fines and forfeitures, revenues from use of money and property , char ges for
services, investment earnings, sales (property , publications, etc.), inter governmental revenues (restricted and
unrestricted), and total revenues from all other governmental funds including enterprise, debt service, capital
projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity . For purposes
of this test, the calculation of total revenues excludes all transfers between funds under the direct control of the
local government using the financial test (interfund transfers), liquidation of investments, and issuance of debt;
(b) Total expenditur es, consisting of the sum of general fund operating and nonoperating expenditures
including public safety , public utilities, transportation, public works, environmental protection, cultural and
recreational, community development, revenue sharing, employee benefits and compensation, of fice
management, planning and zoning, capital projects, interest payments on debt, payments for retirement of debt
principal, and total expenditures from all other governmental funds including enterprise, debt service, capital
projects, and special revenues. For purposes of this test, the calculation of total expenditures excludes all
transfers between funds under the direct control of the local government using the financial test (interfund
transfers);
(c) Local r evenues , consisting of total revenues (as defined in (a) of this subsection) minus the sum of
all transfers from other governmental entities, including all monies received from federal, state, or local
government sources;
(d) Debt service , consisting of the sum of all interest and principal payments on all long-term credit
obligations and all interest-bearing short-term credit obligations. Includes interest and principal payments on
general obligation bonds, revenue bonds, notes, mortgages, judgments, and interest bearing warrants. Excludes
payments on noninterest-bearing short-term obligations, interfund obligations, amounts owed in a trust or
agency capacity , and advances and contingent loans from other governments;
(e) Total funds , consisting of the sum of cash and investment securities from all funds, including
general, enterprise, debt service, capital projects, and special revenue funds, but excluding employee retirement
funds, at the end of the local government's financial reporting year . Includes federal securities, federal agency
securities, state and local government securities, and other securities such as bonds, notes and mortgages. For
purposes of this test, the calculation of total funds excludes agency funds, private trust funds, accounts
receivable, value of real property , and other nonsecurity assets; and
(f) Population , consisting of the number of people in the area served by the local government.
(5) Letter fr om chief financial officer . To demonstrate that it meets the financial test under subsection
(3) of this section, the chief financial of ficer of the local government owner or operator , must sign, within one
hundred twenty days of the close of each financial reporting year , as defined by the twelve-month period for
which financial statements used to support the financial test are prepared, a letter worded exactly as specified in
WAC 173-360A-1090, except that the instructions in brackets are to be replaced by the relevant information and
the brackets deleted.
(6) Obtaining alternate coverage if fail test.  If a local government owner or operator using the test to
provide financial assurance finds that it no longer meets the requirements of the financial test based on the year -
end financial statements, the owner or operator must obtain alternate coverage within one hundred fifty days of
the end of the year for which financial statements have been prepared.
(7) Requests by department and findings of failur e. The department may require reports of financial
condition at any time from the local government owner or operator . If the department finds, on the basis of such
reports or other information, that the local government owner or operator no longer meets the financial test
requirements of subsection (3) of this section, the owner or operator must obtain alternate coverage within thirty
days after notification of such a finding.
(8) Notification of department if fail to obtain alternate coverage.  If a local government owner or
operator fails to obtain alternate coverage within one hundred fifty days of finding that it no longer meets the
requirements of the financial test based on the year -end financial statements or within thirty days of notification
by the department that it no longer meets the requirements of the financial test, then by that date the owner or
operator must notify the department of such failure and submit the evidence of financial responsibility specified
in WAC 173-360A-1040(2).8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 79 / 105NEW SECTION
WAC 173-360A-1072 Mechanism —Local government guarantee.
(1) Applicability of mechanism.  A local government owner or operator may satisfy the requirements of
WAC 173-360A-1015 by obtaining a guarantee that conforms to the requirements of this section.
(2) Eligibility of guarantor . The guarantor must be either the state in which the local government owner
or operator is located or a local government having a "substantial governmental relationship" with the owner and
operator and issuing the guarantee as an act incident to that relationship.
(3) Test of guarantor . A local government acting as the guarantor must:
(a) Demonstrate that it meets the bond rating test requirements of W AC 173-360A-1070 and deliver a
copy of the chief financial of ficer's letter as required in W AC 173-360A-1070(3) to the local government owner
or operator;
(b) Demonstrate that it meets the financial test requirements of W AC 173-360A-1071 and deliver a copy
of the chief financial of ficer's letter as required in W AC 173-360A-1071(5) to the local government owner or
operator; or
(c) Demonstrate that it meets the local government fund requirements of W AC 173-360A-1073 and
deliver a copy of the chief financial of ficer's letter as required in W AC 173-360A-1073(4) to the local
government owner or operator .
(4) Content of guarantee.  The content of the guarantee depends on whether the guarantor is a state or a
local government and whether the guarantor guarantees to fund a standby trust.
(a) If the guarantor is a state and, in the default or incapacity of the owner or operator , the guarantor
guarantees to fund a standby trust as directed by the department, then the guarantee must be worded as specified
in WAC 173-360A-1091, except that instructions in brackets are to be replaced with relevant information and the
brackets deleted.
(b) If the guarantor is a local government and, in the default or incapacity of the owner or operator , the
guarantor guarantees to fund a standby trust as directed by the department, then the guarantee must be worded as
specified in W AC 173-360A-1092, except that instructions in brackets are to be replaced with relevant
information and the brackets deleted.
(c) If the guarantor is a state and, in the default or incapacity of the owner or operator , the guarantor
guarantees to make payments as directed by the department for taking remedial action or compensating third
parties for bodily injury and property damage, then the guarantee must be worded as specified in W AC 173-
360A-1093, except that instructions in brackets are to be replaced with relevant information and the brackets
deleted.
(d) If the guarantor is a local government and, in the default or incapacity of the owner or operator , the
guarantor guarantees to make payments as directed by the department for taking remedial action or
compensating third parties for bodily injury and property damage, then the guarantee must be worded as
specified in W AC 173-360A-1094, except that instructions in brackets are to be replaced with relevant
information and the brackets deleted.
(5) Responsibilities upon failur e of test.  If the local government guarantor is unable to demonstrate
financial assurance under W AC 173-360A-1070, 173-360A-1071, or 173-360A-1073, at the end of the financial
reporting year , then the guarantor must send by certified mail, before cancellation or nonrenewal of the
guarantee, notice to the owner or operator . The guarantee will terminate no less than one hundred twenty days
after the date the owner or operator receives the notification, as evidenced by the return receipt. The owner or
operator must obtain alternate coverage as specified in W AC 173-360A-1035(5).
NEW SECTION
WAC 173-360A-1073 Mechanism —Local government fund.
(1) Applicability of mechanism.  A local government owner or operator may satisfy the requirements of
WAC 173-360A-1015 by establishing a dedicated fund account that conforms to the requirements of this section.
(2) Restrictions on commingled funds.  Except as specified in subsection (3)(b) of this section, a
dedicated fund may not be commingled with other funds or otherwise used in normal operations.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 80 / 105(3) Local government fund r equir ements.  To be considered eligible, a dedicated fund must meet one of
the following requirements:
(a) The fund is dedicated by state constitutional provision, or local government statute, charter ,
ordinance, or order to pay for taking remedial action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of under ground storage tanks and is
funded for the full amount of coverage required under W AC 173-360A-1015, or funded for part of the required
amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage;
(b) The fund is dedicated by state constitutional provision, or local government statute, charter ,
ordinance, or order as a contingency fund for general emer gencies, including taking remedial action and
compensating third parties for bodily injury and property damage caused by accidental releases arising from the
operation of under ground storage tanks, and is funded for five times the full amount of coverage required under
WAC 173-360A-1015, or funded for part of the required amount of coverage and used in combination with other
mechanism(s) that provide the remaining coverage. If the fund is funded for less than five times the amount of
coverage required under W AC 173-360A-1015, the amount of financial responsibility demonstrated by the fund
may not exceed one-fifth the amount in the fund; or
(c) The fund is dedicated by state constitutional provision, or local government statute, charter , ordinance
or order to pay for taking remedial action and for compensating third parties for bodily injury and property
damage caused by accidental releases arising from the operation of under ground storage tanks. A payment must
be made to the fund once every year for seven years until the fund is fully funded. This seven year period is
hereafter referred to as the "pay-in-period." Equation 1073-1 must be used to determine the amount of each
payment; and
Equation 1073-1
Payment amount =TY − CF  
Y  
Where:
TY =The total required financial assurance for the
owner or operator
CF =The current amount in the fund
Y =Number of years remaining in the pay period
(i) The local government owner or operator has available bonding authority , approved through voter
referendum (if such approval is necessary prior to the issuance of bonds), for an amount equal to the dif ference
between the required amount of coverage and the amount held in the dedicated fund. This bonding authority
must be available for taking remedial action and for compensating third parties for bodily injury and property
damage caused by accidental releases arising from the operation of under ground storage tanks; or
(ii) The local government owner or operator has a letter signed by the appropriate state attorney general
stating that the use of the bonding authority will not increase the local government's debt beyond the legal debt
ceilings established by the relevant state laws. The letter must also state that prior voter approval is not necessary
before use of the bonding authority .
(4) Letter fr om chief financial officer . To demonstrate that it meets the requirements of the local
government fund, the chief financial of ficer of the local government owner or operator and/or guarantor must
sign a letter worded exactly as specified in W AC 173-360A-1095, except that the instructions in brackets are to
be replaced by the relevant information and the brackets deleted.
NEW SECTION
WAC 173-360A-1080 Appendix A —Letter fr om chief financial officer .
I am the chief financial of ficer of [insert: name and address of the owner or operator , or guarantor]. This
letter is in support of the use of [insert: "the financial test of self-insurance," and/or "guarantee"] to demonstrate
financial responsibility for [insert: "taking remedial action" and/or "compensating third parties for bodily injury
and property damage"] caused by [insert: "sudden accidental releases" or "nonsudden accidental releases" or
"accidental releases"] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount]
annual aggregate arising from operating (an) under ground storage tank(s).8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 81 / 105Under ground storage tanks at the following facilities are assured by this financial test by this [insert:
"owner or operator ," and/or "guarantor"]: [List for each facility: The name and address of the facility where
tanks assured by this financial test are located, and whether tanks are assured by this financial test. If separate
mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility , list each
tank assured by this financial test by the tank identification number provided in the notification submitted
pursuant to W AC 173-360A-0200.]
A [insert: "financial test," and/or "guarantee"] is also used by this [insert: "owner or operator ," or
"guarantor"] to demonstrate evidence of financial responsibility in the following amounts under other U.S.
Environmental Protection Agency (EP A) regulations or state programs authorized by EP A under 40 C.F .R. Parts
271 and 145:
EPA Regulations Amount
Closure (264.143 and 265.143) . . . . $ _____
Post-Closure Care (264.145 and 265.145) . . . . $ _____
Liability Coverage (264.147 and 265.147) . . . . $ _____
Corrective Action (264.101(b)) . . . . $ _____
Plugging and Abandonment (144.63) . . . . $ _____
Authorized State Programs Amount
Closure . . . . $ _____
Post-Closure Care . . . . $ _____
Liability Coverage . . . . $ _____
Plugging and Abandonment . . . . $ _____
Total . . . . $ _____
This [insert: "owner or operator ," or "guarantor"] has not received an adverse opinion, a disclaimer of
opinion, or a "going concern" qualification from an independent auditor on his financial statements for the latest
completed fiscal year .
[Fill in the information for Alternative I if the criteria of W AC 173-360A-1060 (2)(a) are being used to
demonstrate compliance with the financial test requirements. Fill in the information for Alternative II if the
criteria of W AC 173-360A-1060 (2)(b) are being used to demonstrate compliance with the financial test
requirements.]
Alternative I
1. Amount of annual UST aggregate coverage being assured by a financial test, and/or
guarantee$_____
2. Amount of corrective action, closure and post-closure care costs, liability coverage, and
plugging and abandonment costs covered by a financial test, and/or guarantee$_____
3. Sum of lines 1 and 2 $_____
4. Total tangible assets $_____
5. Total liabilities [if any of the amount reported on line 3 is included in total liabilities, you
may deduct that amount from this line and add that amount to line 6]$_____
6. Tangible net worth [subtract line 5 from line 4] $_____
7. Is line 6 at least $10 million? Yes ___ No ___
8. Is line 6 at least 10 times line 3? Yes ___ No ___
9. Have financial statements for the latest fiscal year been filed with the U.S. Securities and
Exchange Commission? Yes ___ No ___
10.Have financial statements for the latest fiscal year been filed with the Energy Information
Administration? Yes ___ No ___
11. Have financial statements for the latest fiscal year been filed with the Rural Utilities
Service?Yes ___ No ___
12.Has financial information been provided to Dun and Bradstreet, and has Dun and Bradstreet
provided a financial strength rating of 4A or 5A? [Answer "Yes" only if both criteria have
been met] Yes ___ No ___
Alternative II
1. Amount of annual UST aggregate coverage being assured by a financial test, and/or
guarantee$_____8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 82 / 1052. Amount of corrective action, closure and post-closure care costs, liability coverage, and
plugging and abandonment costs covered by a financial test, and/or guarantee$_____
3. Sum of lines 1 and 2 $_____
4. Total tangible assets $_____
5. Total liabilities [if any of the amount reported on line 3 is included in total liabilities, you
may deduct that amount from this line and add that amount to line 6]$_____
6. Tangible net worth [subtract line 5 from line 4] $_____
7. Total assets in the U.S. [required only if less than 90 percent of assets are located in the U.S.] $_____
8. Is line 6 at least $10 million? Yes ___ No ___
9. Is line 6 at least 6 times line 3? Yes ___ No ___
10.Are at least 90 percent of assets located in the U.S.? [If "No," complete line 11] Yes ___ No ___
11. Is line 7 at least 6 times line 3? Yes ___ No ___
[Fill in either lines 12-15 or lines 16-18:]
12.Current assets $_____
13.Current liabilities $_____
14.Net working capital [subtract line 13 from line 12] $_____
15.Is line 14 at least 6 times line 3? Yes ___ No ___
16.Current bond rating of most recent bond issue _______________
17.Name of rating service _______________
18.Date of maturity of bond _______________
19.Have financial statements for the latest fiscal year been filed with the U.S. Securities and
Exchange Commission, the Energy Information Administration, or the Rural Utilities
Service? [If "No," please attach a report from an independent certified public accountant
certifying that there are no material differences between the data as reported in lines 4-18
above and the financial statements for the latest fiscal year.] Yes ___ No ___
[For both Alternative I and Alternative II complete the certification with this statement.]
I hereby certify that the wording of this letter is identical to the wording specified in W AC 173-360A-
1080 as such regulations were constituted on the date shown immediately below .
[Signature]
[Name]
[Title]
[Date]
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1081 Appendix B —Guarantee.
Guarantee made this [date] by name of guaranteeing entity , a business entity or ganized under the laws of
(name of state), herein referred to as Guarantor , to the W ashington State Department of Ecology and to any and
all third parties, and obligees, on behalf of [owner or operator] of [business address].
Recitals
1. Guarantor meets or exceeds the financial test criteria of W AC 173-360A-1060 (2)(a) or (b) and (3) and
agrees to comply with the requirements for guarantors as specified in W AC 173-360A-1061(3).
2. [Owner or operator] owns or operates the following under ground storage tank(s) covered by this
Guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where
the tanks are located. If more than one instrument is used to assure dif ferent tanks at any one facility , for each
tank covered by this instrument, list the tank identification number provided in the notification submitted
pursuant to W AC 173-360A-0200, and the name and address of the facility .] This Guarantee satisfies the
requirements of Part 10 of chapter 173-360A W AC for assuring funding for [insert: "T aking remedial action"
and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 83 / 105releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is dif ferent for dif ferent tanks
or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-
identified under ground storage tank(s) in the amount of [insert dollar amount] per occurrence and [insert dollar
amount] annual aggregate.
3. [Insert appropriate phrase: "On behalf of our subsidiary" (if Guarantor is corporate parent of the owner
or operator); "On behalf of our af filiate" (if Guarantor is a related firm of the owner or operator); or "Incident to
our business relationship with" (if Guarantor is providing the Guarantee as an incident to a substantial business
relationship with owner or operator)] [owner or operator], Guarantor guarantees to the W ashington State
Department of Ecology and to any and all third parties that:
a. In the event that [owner or operator] fails to provide alternate coverage within 60 days after receipt of
a notice of cancellation of this Guarantee and the W ashington State Department of Ecology has determined or
suspects that a release has occurred at an under ground storage tank covered by this Guarantee, the Guarantor ,
upon instructions from the Department, must fund a standby trust fund in accordance with the provisions of
WAC 173-360A-1050, in an amount not to exceed the coverage limits specified above.
b. In the event that the Department determines that [owner or operator] has failed to perform remedial
action for releases arising out of the operation of the above-identified tank(s) in accordance with W AC 173-
360A-0750, the Guarantor , upon written instructions from the Department, must fund a standby trust in
accordance with the provisions of W AC 173-360A-1050, in an amount not to exceed the coverage limits
specified above.
c. If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for
bodily injury or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental releases
arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a
claim arising from or alleged to arise from such injury or damage, the Guarantor , upon written instructions from
the Department, must fund a standby trust in accordance with the provisions of W AC 173-360A-1050 to satisfy
such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.
4. Guarantor agrees that if, at the end of any fiscal year before cancellation of this Guarantee, the
Guarantor fails to meet the financial test criteria of W AC 173-360A-1060 (2)(a) or (b) and (3), Guarantor must
send within 120 days of such failure, by certified mail, notice to [owner or operator]. The Guarantee will
terminate 120 days from the date of receipt of the notice by [owner or operator], as evidenced by the return
receipt.
5. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary
proceeding under T itle 1 1 (Bankruptcy), U.S. Code, naming Guarantor as debtor , within 10 days after
commencement of the proceeding.
6. Guarantor agrees to remain bound under this Guarantee notwithstanding any modification or alteration
of any obligation of [owner or operator] pursuant to chapter 173-360A W AC.
7. Guarantor agrees to remain bound under this Guarantee for so long as [owner or operator] must
comply with the applicable financial responsibility requirements of Part 10 of chapter 173-360A W AC for the
above-identified tank(s), except that Guarantor may cancel this Guarantee by sending notice by certified mail to
[owner or operator], such cancellation to become ef fective no earlier than 120 days after receipt of such notice
by [owner or operator], as evidenced by the return receipt.
8. The Guarantor's obligation does not apply to any of the following:
a. Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or
unemployment compensation law or other similar law;
b. Bodily injury to an employee of [insert owner or operator] arising from, and in the course of,
employment by [insert owner or operator];
c. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle, or watercraft;
d. Property damage to any property owned, rented, loaned to, in the care, custody , or control of, or
occupied by [insert owner or operator] that is not the direct result of a release from an under ground storage tank;
e. Bodily damage or property damage for which [insert owner or operator] is obligated to pay damages
by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered
into to meet the requirements of W AC 173-360A-1015.
9. Guarantor expressly waives notice of acceptance of this Guarantee by the W ashington State
Department of Ecology , by any or all third parties, or by [owner or operator].8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 84 / 105I hereby certify that the wording of this Guarantee is identical to the wording specified in W AC 173-
360A-1081 as such regulations were constituted on the ef fective date shown immediately below .
Effective date:
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1082 Appendix C —Endorsement.
Name: [name of each covered location]
Address: [address of each covered location]
Policy Number:
Period of Coverage: [current policy period]
Policy Retroactive Date:
Name of [Insurer or Risk Retention Group]:
Address of [Insurer or Risk Retention Group]:
Name of Insured:
Address of Insured:
Endorsement:
1. This endorsement certifies that the policy to which the endorsement is attached provides liability
insurance covering the following under ground storage tanks:
[List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the
tanks are located. If more than one instrument is used to assure dif ferent tanks at any one facility , for each tank
covered by this instrument, list the tank identification number provided in the notification submitted pursuant to
WAC 173-360A-0200, and the name and address of the facility .]
for [insert: "taking remedial action" and/or "compensating third parties for bodily injury and property
damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental
release"; in accordance with and subject to the limits of liability , exclusions, conditions, and other terms of the
policy; if coverage is dif ferent for dif ferent tanks or locations, indicate the type of coverage applicable to each
tank or location] arising from operating the under ground storage tank(s) identified above.
The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate"
limits of the Insurer's or Group's liability; if the amount of coverage is dif ferent for dif ferent types of coverage or
for dif ferent under ground storage tanks or locations, indicate the amount of coverage for each type of coverage
and/or for each under ground storage tank or location], exclusive of legal defense costs, which are subject to a
separate limit under the policy . This coverage is provided under [policy number]. The ef fective date of said
policy is [date].
2. The insurance af forded with respect to such occurrences is subject to all of the terms and conditions of
the policy; provided, however , that any provisions inconsistent with subsections (a) through (e) of this Paragraph
2 are hereby amended to conform with subsections (a) through (e):
a. Bankruptcy or insolvency of the insured does not relieve the ["Insurer" or "Group"] of its obligations
under the policy to which this endorsement is attached.
b. The ["Insurer" or "Group"] is liable for the payment of amounts within any deductible applicable to
the policy to the provider of remedial action or a damaged third-party , with a right of reimbursement by the
insured for any such payment made by the ["Insurer" or "Group"]. This provision does not apply with respect to
that amount of any deductible for which coverage is demonstrated under another mechanism or combination of
mechanisms as specified in W AC 173-360A-1060 through 173-360A-1065 and 173-360A-1070 through 173-
360A-1073.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 85 / 105c. Whenever requested by the W ashington State Department of Ecology , the ["Insurer" or "Group"]
agrees to furnish to the Department a signed duplicate original of the policy and all endorsements.
d. Cancellation or any other termination of the insurance by the ["Insurer" or "Group"], except for
nonpayment of premium or misrepresentation by the insured, will be ef fective only upon written notice and only
after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for
nonpayment of premium or misrepresentation by the insured will be ef fective only upon written notice and only
after expiration of a minimum of 10 days after a copy of such written notice is received by the insured.
[Insert for claims-made policies:
e. The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer" or
"Group"] within six months of the ef fective date of cancellation or nonrenewal of the policy except where the
new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy , and
which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and
prior to such policy renewal or termination date. Claims reported during such extended reporting period are
subject to the terms, conditions, limits, including limits of liability , and exclusions of the policy .]
I hereby certify that the wording of this instrument is identical to the wording in W AC 173-360A-1082
and that the ["Insurer" or "Group"] is ["licensed to transact the business of insurance or eligible to provide
insurance as an excess or surplus lines insurer in one or more states"].
[Signature of Authorized Representative of Insurer or Risk Retention Group]
[Name of person signing]
[Title of person signing], Authorized Representative of [name of Insurer or Risk Retention Group]
[Address of Representative]
Endorsement Holder:
Business Licensing Service
P.O. Box 9034
Olympia, W A 98507-9034
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1083 Appendix D —Certificate of insurance.
Name: [name of each covered location]
Address: [address of each covered location]
Policy Number:
Endorsement (if applicable):
Period of Coverage: [current policy period]
Policy Retroactive Date:
Name of [Insurer or Risk Retention Group]:
Address of [Insurer or Risk Retention Group]:
Name of Insured:
Address of Insured:
Certification:
1. [Name of Insurer or Risk Retention Group], [the "Insurer" or "Group"], as identified above, hereby
certifies that it has issued liability insurance covering the following under ground storage tank(s):
[List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the
tanks are located. If more than one instrument is used to assure dif ferent tanks at any one facility , for each tank
covered by this instrument, list the tank identification number provided in the notification submitted pursuant to
WAC 173-360A-0200, and the name and address of the facility .]
for [insert: "T aking remedial action" and/or "compensating third parties for bodily injury and property
damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental
releases"; in accordance with and subject to the limits of liability , exclusions, conditions, and other terms of the8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 86 / 105policy; if coverage is dif ferent for dif ferent tanks or locations, indicate the type of coverage applicable to each
tank or location] arising from operating the under ground storage tank(s) identified above.
The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate"
limits of the Insurer's or Group's liability; if the amount of coverage is dif ferent for dif ferent types of coverage or
for dif ferent under ground storage tanks or locations, indicate the amount of coverage for each type of coverage
and/or for each under ground storage tank or location], exclusive of legal defense costs, which are subject to a
separate limit under the policy . This coverage is provided under [policy number]. The ef fective date of said
policy is [date].
2. The ["Insurer" or "Group"] further certifies the following with respect to the insurance described in
Paragraph 1:
a. Bankruptcy or insolvency of the insured does not relieve the ["Insurer" or "Group"] of its obligations
under the policy to which this certificate applies.
b. The ["Insurer" or "Group"] is liable for the payment of amounts within any deductible applicable to
the policy to the provider of remedial action or a damaged third-party , with a right of reimbursement by the
insured for any such payment made by the ["Insurer" or "Group"]. This provision does not apply with respect to
that amount of any deductible for which coverage is demonstrated under another mechanism or combination of
mechanisms as specified in W AC 173-360A-1060 through 173-360A-1065 and 173-360A-1070 through 173-
360A-1073.
c. Whenever requested by the W ashington State Department of Ecology , the ["Insurer" or "Group"]
agrees to furnish the Department a signed duplicate original of the policy and all endorsements.
d. Cancellation or any other termination of the insurance by the ["Insurer" or "Group"], except for
nonpayment of premium or misrepresentation by the insured, will be ef fective only upon written notice and only
after the expiration of 60 days after a copy of such written notice is received by the insured. Cancellation for
nonpayment of premium or misrepresentation by the insured will be ef fective only upon written notice and only
after expiration of a minimum of 10 days after a copy of such notice is received by the insured.
[Insert for claims-made policies:
e. The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer" or
"Group"] within six months of the ef fective date of the cancellation or nonrenewal of the policy except where
the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy ,
and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable,
and prior to such policy renewal or termination date. Claims reported during such extended reporting period are
subject to the terms, conditions, limits, including limits of liability , and exclusions of the policy .]
I hereby certify that the wording of this instrument is identical to the wording in W AC 173-360A-1083
and that the ["Insurer" or "Group"] is ["licensed to transact the business of insurance, or eligible to provide
insurance as an excess or surplus lines insurer , in one or more states"].
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer or Risk Retention Group]
[Address of Representative]
Certificate Holder:
Business Licensing Service
P.O. Box 9034
Olympia, W A 98507-9034
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1084 Appendix E —Performance bond.
Date bond executed:
Period of coverage:8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 87 / 105Principal: [legal name and business address of owner or operator]
Type of or ganization: [insert "individual," "joint venture," "partnership," or "corporation"]
State of incorporation (if applicable):
Surety(ies): [name(s) and business address(es)]
Scope of coverage: [List the number of tanks at each facility and the name(s) and address(es) of the
facility(ies) where the tanks are located. If more than one instrument is used to assure dif ferent tanks at any one
facility , for each tank covered by this instrument, list the tank identification number provided in the notification
submitted pursuant to W AC 173-360A-0200, and the name and address of the facility . List the coverage
guaranteed by the bond: "T aking remedial action" and/or "compensating third parties for bodily injury and
property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or
"accidental releases" "arising from operating the under ground storage tank"].
Penal sums of bond:
Per occurrence $
Annual aggregate $
Surety's bond number:
Know All Persons by These Presents, that we, the Principal and Surety(ies), hereto are firmly bound to
the W ashington State Department of Ecology , in the above penal sums for the payment of which we bind
ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that,
where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sums jointly
and severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other
purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sums only as
is set forth opposite the name of such Surety , but if no limit of liability is indicated, the limit of liability is the
full amount of the penal sums.
Whereas said Principal is required under the Solid W aste Disposal Act, as amended, and chapter 90.76
RCW to provide financial assurance for [insert: "T aking remedial action" and/or "compensating third parties for
bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental
releases" or "accidental releases"; if coverage is dif ferent for dif ferent tanks or locations, indicate the type of
coverage applicable to each tank or location] arising from operating the under ground storage tanks identified
above; and
Whereas said Principal must establish a standby trust fund as is required when a surety bond is used to
provide such financial assurance;
Now , therefore, the conditions of the obligation are such that if the Principal faithfully ["takes remedial
action, in accordance with W AC 173-360A-0750 and the W ashington State Department of Ecology's instructions
for," and/or "compensates injured third parties for bodily injury and property damage caused by" either "sudden
accidental releases" or "nonsudden accidental releases" or "accidental releases"] arising from operating the
tank(s) identified above, or if the Principal provides alternate financial assurance, as specified in Part 10 of
chapter 173-360A W AC, within 120 days after the date the notice of cancellation is received by the Principal
from the Surety(ies), then this obligation is null and void; otherwise it is to remain in full force and ef fect.
Such obligation does not apply to any of the following:
(1) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or
unemployment compensation law or other similar law;
(2) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of,
employment by [insert owner or operator];
(3) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle, or watercraft;
(4) Property damage to any property owned, rented, loaned to, in the care, custody , or control of, or
occupied by [insert owner or operator] that is not the direct result of a release from an under ground storage tank;
(5) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by
reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to
meet the requirements of W AC 173-360A-1015.
The Surety(ies) become liable on this bond obligation only when the Principal has failed to fulfill the
conditions described above.
Upon notification by the W ashington State Department of Ecology that the Principal has failed to ["take
remedial action, in accordance with W AC 173-360A-0750 and the Department's instructions" and/or8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 88 / 105"compensate injured third parties"] as guaranteed by this bond, the Surety(ies) must either perform ["remedial
action in accordance with W AC 173-360A-0750 and the Department's instructions" and/or "third-party liability
compensation"] or place funds in an amount up to the annual aggregate penal sum into the standby trust fund as
directed by the Department under W AC 173-360A-1050.
Upon notification by the Department that the Principal has failed to provide alternate financial assurance
within 60 days after the date the notice of cancellation is received by the Principal from the Surety(ies) and that
the Department has determined or suspects that a release has occurred, the Surety(ies) must place funds in an
amount not exceeding the annual aggregate penal sum into the standby trust fund as directed by the Department
under W AC 173-360A-1050.
The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules, and
regulations and agrees that no such amendment in any way alleviates its (their) obligation on this bond.
The liability of the Surety(ies) is not dischar ged by any payment or succession of payments hereunder ,
unless and until such payment or payments amount in the annual aggregate to the penal sum shown on the face
of the bond, but in no event do the obligation of the Surety(ies) hereunder exceed the amount of said annual
aggregate penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the principal,
provided, however , that cancellation must not occur during the 120 days beginning on the date of receipt of the
notice of cancellation by the principal, as evidenced by the return receipt.
The Principal may terminate this bond by sending written notice to the Surety(ies).
In witness thereof, the Principal and Surety(ies) have executed this Bond and have af fixed their seals on
the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety
bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the
wording specified in W AC 173-360A-1084 as such regulations were constituted on the date this bond was
executed.
Principal
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Sur ety(ies)
[Name and address]
[State of incorporation:]
[Liability limit: $]
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety , provide signature(s), corporate seal, and other information in the same manner as
for surety above.]
Bond premium: $
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1085 Appendix F —Irrevocable standby letter of cr edit.
[Name and address of issuing institution]
[Name and address of the W ashington State Department of Ecology]
Dear Sir or Madam: W e hereby establish our Irrevocable Standby Letter of Credit No. . . . . in your favor ,
at the request and for the account of [owner or operator name] of [address] up to the aggregate amount of [in
words] U.S. dollars ($[insert dollar amount]), available upon presentation of:8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 89 / 105(1) Y our sight draft, bearing reference to this letter of credit, No. . . . .; and
(2) Y our signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to
regulations issued under authority of the Solid W aste Disposal Act, as amended, and chapter 90.76  RCW ."
This letter of credit may be drawn on to cover [insert: "taking remedial action" and/or "compensating
third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden
accidental releases" or "accidental releases"] arising from operating the under ground storage tank(s) identified
below in the amount of [in words] $[insert dollar amount] per occurrence and [in words] $[insert dollar amount]
annual aggregate:
[List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the
tanks are located. If more than one instrument is used to assure dif ferent tanks at any one facility , for each tank
covered by this instrument, list the tank identification number provided in the notification submitted pursuant to
WAC 173-360A-0200, and the name and address of the facility .]
The letter of credit may not be drawn on to cover any of the following:
(a) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or
unemployment compensation law or other similar law;
(b) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of,
employment by [insert owner or operator];
(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle, or watercraft;
(d) Property damage to any property owned, rented, loaned to, in the care, custody , or control of, or
occupied by [insert owner or operator] that is not the direct result of a release from an under ground storage tank;
(e) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by
reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to
meet the requirements of W AC 173-360A-1015.
This letter of credit is ef fective as of [date] and expires on [date], but such expiration date is
automatically extended for a period of [at least the length of the original term] on [expiration date] and on each
successive expiration date, unless, at least 120 days before the current expiration date, we notify [owner or
operator] by certified mail that we have decided not to extend this letter of credit beyond the current expiration
date. In the event that [owner or operator] is so notified, any unused portion of the credit is available upon
presentation of your sight draft for 120 days after the date of receipt by [owner or operator], as shown on the
signed return receipt.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we must
duly honor such draft upon presentation to us, and we must deposit the amount of the draft directly into the
standby trust fund of [owner or operator] in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in W AC 173-
360A-1085 as such regulations were constituted on the date shown immediately below .
[Signature(s) and title(s) of of ficial(s) of issuing institution]
[Date]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for
Documentary Credits, published by the International Chamber of Commerce," or "the Uniform Commercial
Code"].
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1086 Appendix G —Trust agr eement.
Trust agreement, the "Agreement," entered into as of [date] by and between [name of the owner or
operator], a W ashington state [insert "corporation," "partnership," "association," or "proprietorship"], the
"Grantor ," and [name of corporate trustee], [insert "Incorporated in the state of W ashington" or "a national
bank"], the "T rustee."8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 90 / 105Whereas, the Department of Ecology , "Ecology", an agency of the state of W ashington, has established
certain regulations applicable to the grantor , requiring that an owner or operator of an under ground storage tank
must provide assurance that funds will be available when needed for remedial action and third-party
compensation for bodily injury and property damage caused by sudden and nonsudden accidental releases
arising from the operation of the under ground storage tank. The attached Schedule A lists the number of tanks at
each facility and the name(s) and addresses of the facility(ies) where the tanks are located that are covered by the
[insert "standby" where trust agreement is standby trust agreement] trust agreement.
[Whereas, the Grantor has elected to establish [insert either "a guarantee," "surety bond," or "letter of
credit"] to provide all or part of such financial assurance for the under ground storage tanks identified herein and
is required to establish a standby trust fund able to accept payments from the instrument (This paragraph is only
applicable to the standby trust agreement.)];
Whereas, the Grantor , acting through its duly authorized of ficers, has selected the T rustee to be the
trustee under this Agreement, and the T rustee is willing to act as trustee;
Now , therefore, the Grantor and the T rustee agree as follows:
Section 1. Definitions.
As used in this Agreement:
(1) The term "Grantor" means the owner or operator who enters into this agreement and any successors
or assigns of the Grantor .
(2) The term "T rustee" means the T rustee who enters into this agreement and any successor T rustee.
Section 2. Identification of the Financial Assurance Mechanism.
This Agreement pertains to the [identify the financial assurance mechanism, either a guarantee, surety
bond, or letter of credit, from which the standby trust fund is established to receive payments (This paragraph is
only applicable to the standby trust agreement.)].
Section 3. Establishment of Fund.
The Grantor and the T rustee hereby establish a trust fund, the "fund," for the benefit of the W ashington
State Department of Ecology . The Grantor and the T rustee intend that no third party have access to the fund
except as herein provided. [The fund is established initially as a standby to receive payments and does not
consist of any property .] Payments made by the provider of financial assurance pursuant to the W ashington State
Department of Ecology's instruction are transferred to the T rustee and are referred to as the fund, together with
all earnings and profits thereon, less any payments or distributions made by the T rustee pursuant to this
Agreement. The fund must be held by the T rustee, IN TRUST, as thereinafter provided. The T rustee is not
responsible nor does it undertake any responsibility for the amount or adequacy of, nor any duty to collect from
the Grantor as provider of financial assurance, any payments necessary to dischar ge any liability of the Grantor
established by the W ashington State Department of Ecology .
Section 4. Payment for ["Remedial Action" and/or "Thir d-Party Liability Claims"].
The trustee must make payments from the fund as the W ashington State Department of Ecology directs,
in writing, to provide for the payment of the costs of [insert: "taking remedial action" and/or "compensating third
parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden
accidental releases" or "accidental releases"] arising from operating the tanks covered by the financial assurance
mechanism identified in this Agreement.
The fund may not be drawn upon to cover any of the following:
(a) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or
unemployment compensation law or other similar law;
(b) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of,
employment by [insert owner or operator];
(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle, or watercraft;
(d) Property damage to any property owned, rented, loaned to, in the care, custody , or control of, or
occupied by [insert owner or operator] that is not the direct result of a release from an under ground storage tank;
(e) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by
reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 91 / 105meet the requirements of W AC 173-360A-1015.
The T rustee must reimburse the Grantor , or other persons as specified by the Department from the fund
for remedial action expenditures and/or third-party liability claims in such amounts as the Department directs in
writing. In addition, the T rustee must refund to the Grantor such amounts as the Department specifies in writing.
Upon refund, such funds no longer constitute part of the fund as defined herein.
Section 5. Payments Comprising the Fund.
Payments made to the T rustee for the fund must consist of cash and securities acceptable to the T rustee.
Section 6. T rustee Management.
The T rustee must invest and reinvest the principal and income of the fund and keep the fund invested as
a single fund, without distinction between principal and income, in accordance with general investment policies
and guidelines which the Grantor may communicate in writing to the trustee from time to time, subject,
however , to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the fund,
the T rustee must dischar ge his duties with respect to the trust fund solely in the interest of the beneficiaries and
with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence,
acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:
(a) Securities or other obligations of the Grantor , or any other owner or operator of the tanks, or any of
their af filiates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(1), must not be
acquired or held, unless they are securities or other obligations of the federal or a state government;
(b) The T rustee is authorized to invest the fund in time or demand deposits of the T rustee, to the extent
insured by an agency of the federal or state government; and
(c) The T rustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable
time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.
The T rustee is expressly authorized in its discretion:
(a) T o transfer from time to time any or all of the assets of the fund to any common, commingled, or
collective trust fund created by the T rustee in which the fund is eligible to participate, subject to all of the
provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) T o purchase shares in any investment company registered under the Investment Company Act of
1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which
investment advice is rendered or the shares of which are sold by the T rustee. The T rustee may vote such shares
in its discretion.
Section 8. Expr ess Powers of T rustee.
Without in any way limiting the powers and discretions conferred upon the T rustee by the other
provisions of this Agreement or by law , the T rustee is expressly authorized and empowered:
(a) T o sell, exchange, convey , transfer , or otherwise dispose of any property held by it, by public or
private sale. No person dealing with the T rustee is bound to see to the application of the purchase money or to
inquire into the validity or expediency of any such sale or other disposition;
(b) T o make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and
any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) T o register any securities held in the fund in its own name or in the name of a nominee and to hold
any security in bearer form or in book entry , or to combine certificates representing such securities with
certificates of the same issue held by the T rustee in other fiduciary capacities, or to deposit or arrange for the
deposit of such securities in a qualified central depository even though, when so deposited, such securities may
be mer ged and held in bulk in the name of the nominee of such depository with other securities deposited therein
by another person, or to deposit or arrange for the deposit of any securities issued by the United States
government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of
the T rustee must at all times show that all such securities are part of the fund;
(d) T o deposit any cash in the fund in interest-bearing accounts maintained or savings certificates issued
by the T rustee, in its separate corporate capacity , or in any other banking institution af filiated with the T rustee, to
the extent insured by an agency of the federal or state government; and8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 92 / 105(e) T o compromise or otherwise adjust all claims in favor of or against the fund.
Section 9. T axes and Expenses.
All taxes of any kind that may be assessed or levied against or in respect of the fund and all brokerage
commissions incurred by the fund must be paid from the fund. All other expenses incurred by the T rustee in
connection with the administration of this trust, including fees for legal services rendered to the T rustee, the
compensation of the T rustee to the extent not paid directly by the Grantor , and all other proper char ges and
disbursements of the T rustee must be paid from the fund.
Section 10. Advice of Counsel.
The T rustee may from time to time consult with counsel, who may be counsel to the Grantor , with
respect to any questions arising as to the construction of this Agreement or any action to be taken hereunder . The
Trustee is fully protected, to the extent permitted by law , in acting upon the advice of counsel.
Section 1 1. Trustee Compensation.
The T rustee is entitled to reasonable compensation for its services as agreed upon in writing from time to
time with the Grantor .
Section 12. Successor T rustee.
The T rustee may resign or the Grantor may replace the T rustee, but such resignation or replacement is
not ef fective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The
successor trustee has the same powers and duties as those conferred upon the T rustee hereunder . Upon the
successor trustee's acceptance of the appointment, the T rustee must assign, transfer , and pay over to the
successor trustee the funds and properties then constituting the fund. If for any reason the Grantor cannot or does
not act in the event of the resignation of the T rustee, the T rustee may apply to a court of competent jurisdiction
for the appointment of a successor trustee or for instructions. The successor trustee must specify the date on
which it assumes administration of the trust in writing sent to the Grantor and the present T rustee by certified
mail 10 days before such change becomes ef fective. Any expenses incurred by the T rustee as a result of any of
the acts contemplated by this section must be paid as provided in Section 9 .
Section 13. Instructions to the T rustee.
All orders, requests, and instructions by the Grantor to the T rustee must be in writing, signed by such
persons as are designated in the attached Schedule B or such other designees as the Grantor may designate by
amendment to Schedule B. The T rustee is fully protected in acting without inquiry in accordance with the
Grantor's orders, requests, and instructions. All orders, requests, and instructions by the W ashington State
Department of Ecology to the T rustee must be in writing, signed by the Department, and the T rustee must act
and is fully protected in acting in accordance with such orders, requests, and instructions. The T rustee has the
right to assume, in the absence of written notice to the contrary , that no event constituting a change or a
termination of the authority of any person to act on behalf of the Grantor or the Department, hereunder has
occurred. The T rustee has no duty to act in the absence of such orders, requests, and instructions from the
Grantor and/or the Department, except as provided for herein.
Section 14. Amendment of Agr eement.
This Agreement may be amended by an instrument in writing executed by the Grantor and the T rustee, or
by the T rustee and the W ashington State Department of Ecology , if the Grantor ceases to exist.
Section 15. Irr evocability and T ermination.
Subject to the right of the parties to amend this Agreement as provided in Section 14, this trust is
irrevocable and continues until terminated at the written direction of the Grantor and the T rustee, or by the
Trustee and the W ashington State Department of Ecology , if the Grantor ceases to exist. Upon termination of the
trust, all remaining trust property , less final trust administration expenses, must be delivered to the Grantor .
Section 16. Immunity and Indemnification.
The T rustee does not incur personal liability of any nature in connection with any act or omission, made
in good faith, in the administration of this trust, or in carrying out any directions by the Grantor or the
Washington State Department of Ecology , issued in accordance with this agreement. The T rustee is indemnified
and saved harmless by the Grantor , from and against any personal liability to which the T rustee may be8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 93 / 105subjected by reason of any act or conduct in its of ficial capacity , including all expenses reasonably incurred in its
defense in the event the Grantor fails to provide such defense.
Section 17. Choice of Law .
This Agreement must be administered, construed, and enforced according to the laws of the state of
Washington, or the Comptroller of the Currency in the case of National Association banks.
Section 18. Interpr etation.
As used in this Agreement, words in the singular include the plural and words in the plural include the
singular . The descriptive headings for each section of this Agreement does not af fect the interpretation or the
legal ef ficacy of this Agreement.
In witness whereof the parties have caused this Agreement to be executed by their respective of ficers
duly authorized and their corporate seals (if applicable) to be hereunto af fixed and attested as of the date first
above written. The parties below certify that the wording of this Agreement is identical to the wording specified
in WAC 173-360A-1086 as such regulations were constituted on the date written above.
[Signature of Grantor]
[Name of the Grantor]
[Title]
Attest:
[Signature of T rustee]
[Name of the T rustee]
[Title]
[Seal]
Attest:
[Signature of W itness]
[Name of W itness]
[Title]
[Seal]
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1087 Appendix H —Certification of acknowledgment.
State of W ashington
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly
sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation
described in and which executed the above instrument; that she/he knows the seal of said corporation; that the
seal af fixed to such instrument is such corporate seal; that it was so af fixed by order of the board of directors of
said corporation; and that she/he signed her/his name thereto by like order .
[Signature of notary public]
[Name of notary public]
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1088 Appendix I —Local government bond rating test —Letter fr om chief
financial officer of general purpose local governments.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 94 / 105I am the chief financial of ficer of [insert: name and address of local government owner or operator , or
guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for
[insert: "taking remedial action" and/or "compensating third parties for bodily injury and property damage"]
caused by [insert: "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"] in
the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising
from operating (an) under ground storage tank(s).
Under ground storage tanks at the following facilities are assured by this bond rating test: [List for each
facility: the name and address of the facility where tanks are assured by the bond rating test].
The details of the issue date, maturity , outstanding amount, bond rating, and bond rating agency of all
outstanding bond issues that are being used by [name of local government owner or operator , or guarantor] to
demonstrate financial responsibility are as follows: [complete table]
Issue date Maturity date Outstanding amount Bond Rating Rating Agency
    [Moody's or Standard
& Poor's]
The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the
minimum amount of $1 million. All outstanding general obligation bonds issued by this government that have
been rated by Moody's or Standard & Poor's are rated as at least investment grade (Moody's Baa or Standard &
Poor's BBB) based on the most recent ratings published within the last 12 months. Neither rating service has
provided notification within the last 12 months of downgrading of bond ratings below investment grade or of
withdrawal of bond rating other than for repayment of outstanding bond issues.
I hereby certify that the wording of this letter is identical to the wording specified in W AC 173-360A-
1088 as such regulations were constituted on the date shown immediately below .
[Date]
[Signature]
[Name]
[Title]
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1089 Appendix J —Local government bond rating test —Letter fr om chief
financial officer of non-general purpose local governments.
I am the chief financial of ficer of [insert: name and address of local government owner or operator , or
guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for
[insert: "taking remedial action" and/or "compensating third parties for bodily injury and property damage"]
caused by [insert: "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"] in
the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising
from operating (an) under ground storage tank(s). This local government is not or ganized to provide general
governmental services and does not have the legal authority under state law or constitutional provisions to issue
general obligation debt.
Under ground storage tanks at the following facilities are assured by this bond rating test: [List for each
facility: the name and address of the facility where tanks are assured by the bond rating test].
The details of the issue date, maturity , outstanding amount, bond rating, and bond rating agency of all
outstanding revenue bond issues that are being used by [name of local government owner or operator , or
guarantor] to demonstrate financial responsibility are as follows: [complete table]
Issue date Maturity date Outstanding amount Bond Rating Rating Agency
    [Moody's or Standard
& Poor's]
The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the
minimum amount of $1 million. All outstanding revenue bonds issued by this government that have been rated
by Moody's or Standard & Poor's are rated as at least investment grade (Moody's Baa or Standard & Poor's8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 95 / 105BBB) based on the most recent ratings published within the last 12 months. The revenue bonds listed are not
backed by third-party credit enhancement or insured by a municipal bond insurance company . Neither rating
service has provided notification within the last 12 months of downgrading of bond ratings below investment
grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.
I hereby certify that the wording of this letter is identical to the wording specified in W AC 173-360A-
1089 as such regulations were constituted on the date shown immediately below .
[Date]
[Signature]
[Name]
[Title]
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1090 Appendix K —Local government financial test —Letter fr om chief financial
officer .
I am the chief financial of ficer of [insert: name and address of the owner or operator]. This letter is in
support of the use of the local government financial test to demonstrate financial responsibility for [insert:
"taking remedial action" and/or "compensating third parties for bodily injury and property damage"] caused by
[insert: "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"] in the amount
of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from
operating [an] under ground storage tank[s].
Under ground storage tanks at the following facilities are assured by this financial test [List for each
facility: the name and address of the facility where tanks assured by this financial test are located. If separate
mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility , list each
tank assured by this financial test by the tank identification number provided in the notification submitted
pursuant to W AC 173-360A-0200.]
This owner or operator has not received an adverse opinion, or a disclaimer of opinion from an
independent auditor on its financial statements for the latest completed fiscal year . Any outstanding issues of
general obligation or revenue bonds, if rated, have a Moody's rating of Aaa, Aa, A, or Baa or a Standard &
Poor's rating of AAA, AA, A, or BBB; if rated by both firms, the bonds have a Moody's rating of Aaa, Aa, A, or
Baa and a Standard & Poor's rating of AAA, AA, A, or BBB.
Worksheet for Municipal Financial T est
Part I – Basic Information
1. Total Revenues
a. Revenues (dollars): _________
Value of revenues excludes liquidation of investments and issuance of debt. V alue includes all general
fund operating and non-operating revenues, as well as all revenues from all other governmental funds including
enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or
agency capacity .
b. Subtract interfund transfers (dollars): _________
c. Total Revenues (dollars): __________
2. Total Expenditures
a. Expenditures (dollars): _________
Value consists of the sum of general fund operating and non-operating expenditures including interest
payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental
funds including enterprise, debt service, capital projects, and special revenues.
b. Subtract interfund transfers (dollars): _________
c. Total Expenditures (dollars): __________
3. Local Revenues8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 96 / 105a. Total Revenues (from 1c) (dollars): _________
b. Subtract total inter governmental transfers (dollars): _________
c. Local Revenues (dollars): __________
4. Debt Service
a. Interest and fiscal char ges (dollars): _________
b. Add debt retirement (dollars): _________
c. Total Debt Service (dollars): __________
5. Total Funds (Dollars): _________
Sum of amounts held as cash and investment securities from all funds, excluding amounts held for
employee retirement funds, agency funds, and trust funds.
6. Population (Persons): _________
Part II – Application of T est
7. Total Revenues to Population
a. Total Revenues (from 1c): _________
b. Population (from 6): _________
c. Divide 7a by 7b: _________
d. Subtract 417: _________
e. Divide by 5,212: _________
f. Multiply by 4.095: __________
8. Total Expenses to Population
a. Total Expenses (from 2c): _________
b. Population (from 6): _________
c. Divide 8a by 8b: _________
d. Subtract 524: _________
e. Divide by 5,401: _________
f. Multiply by 4.095: __________
9. Local Revenues to T otal Revenues
a. Local Revenues (from 3c): _________
b. Total Revenues (from 1c): _________
c. Divide 9a by 9b: _________
d. Subtract 0.695: _________
e. Divide by 0.205: _________
f. Multiply by 2.840: __________
10. Debt Service to Population
a. Debt Service (from 4c): _________
b. Population (from 6): _________
c. Divide 10a by 10b: _________
d. Subtract 51: _________
e. Divide by 1,038: _________
f. Multiply by –1.866: __________
11. Debt Service to T otal Revenues
a. Debt Service (from 4c): _________
b. Total Revenues (from 1c): _________
c. Divide 1 1a by 1 1b: _________
d. Subtract 0.068: _________
e. Divide by 0.259: _________
f. Multiply by –3.533: __________
12. T otal Revenues to T otal Expenses
a. Total Revenues (from 1c): _________
b. Total Expenses (from 2c): _________
c. Divide 12a by 12b: _________
d. Subtract 0.910: _________
e. Divide by 0.899: _________8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 97 / 105f. Multiply by 3.458: __________
13. Funds Balance to T otal Revenues
a. Total Funds (from 5): _________
b. Total Revenues (from 1c): _________
c. Divide 13a by 13b: _________
d. Subtract 0.891: _________
e. Divide by 9.156: _________
f. Multiply by 3.270: __________
14. Funds Balance to T otal Expenses
a. Total Funds (from 5): _________
b. Total Expenses (from 2c): _________
c. Divide 14a by 14b: _________
d. Subtract 0.866: _________
e. Divide by 6.409: _________
f. Multiply by 3.270: __________
15. T otal Funds to Population
a. Total Funds (from 5): _________
b. Population (from 6): _________
c. Divide 15a by 15b: _________
d. Subtract 270: _________
e. Divide by 4,548: _________
f. Multiply by 1.866: __________
16. Add 7f + 8f + 9f + 10f + 1 1f + 12f + 13f + 14f + 15f + 4.937: ___________
I hereby certify that the financial index shown on line 16 of the worksheet is greater than zero and that
the wording of this letter is identical to the wording specified in W AC 173-360A-1090 as such regulations were
constituted on the date shown immediately below .
[Date]
[Signature]
[Name]
[Title]
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1091 Appendix L —Local government guarantee with standby trust made by a
state.
Guarantee made this [date] by [name of state], herein referred to as Guarantor , to the W ashington State
Department of Ecology and to any and all third parties, and obliges, on behalf of [local government owner or
operator].
Recitals
1. Guarantor is a state.
2. [Local government owner or operator] owns or operates the following under ground storage tank(s)
covered by this Guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the
facility(ies) where the tanks are located. If more than one instrument is used to assure dif ferent tanks at any one
facility , for each tank covered by this instrument, list the tank identification number provided in the notification
submitted pursuant to W AC 173-360A-0200, and the name and address of the facility .] This Guarantee satisfies
requirements of Part 10 of chapter 173-360A W AC for assuring funding for [insert: "taking remedial action"
and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental
releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is dif ferent for dif ferent tanks
or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 98 / 105identified under ground storage tank(s) in the amount of [insert dollar amount] per occurrence and [insert dollar
amount] annual aggregate.
3. Guarantor guarantees to the W ashington State Department of Ecology and to any and all third parties
that:
a. In the event that [local government owner or operator] fails to provide alternate coverage within 60
days after receipt of a notice of cancellation of this Guarantee and the W ashington State Department of Ecology
has determined or suspects that a release has occurred at an under ground storage tank covered by this Guarantee,
the Guarantor , upon instructions from the Department must fund a standby trust fund in accordance with the
provisions of W AC 173-360A-1050, in an amount not to exceed the coverage limits specified above.
b. In the event that the Department determines that [local government owner or operator] has failed to
perform remedial action for releases arising out of the operation of the above-identified tanks(s) in accordance
with W AC 173-360A-0750, the Guarantor upon written instructions from the Department must fund a standby
trust fund in accordance with the provisions of W AC 173-360A-1050, in an amount not to exceed the coverage
limits specified above.
c. If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for
bodily injury or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental releases
arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a
claim arising from or alleged to arise from such injury or damage, the Guarantor , upon written instructions from
the Department, must fund a standby trust in accordance with the provisions of W AC 173-360A-1050 to satisfy
such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.
4. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary
proceeding under T itle 1 1 (Bankruptcy), U.S. Code naming Guarantor as debtor , within 10 days after
commencement of the proceeding.
5. Guarantor agrees to remain bound under this Guarantee notwithstanding any modification or alteration
of any obligation of [owner or operator] pursuant to chapter 173-360A W AC.
6. Guarantor agrees to remain bound under this Guarantee for so long as [local government owner or
operator] must comply with the applicable financial responsibility requirements of Part 10 of chapter 173-360A
WAC for the above identified tank(s), except that Guarantor may cancel this Guarantee by sending notice by
certified mail to [owner or operator], such cancellation to become ef fective no earlier than 120 days after receipt
of such notice by [owner or operator], as evidenced by the return receipt.
7. The Guarantor's obligation does not apply to any of the following:
a. Any obligation of [local government owner or operator] under a workers' compensation, disability
benefits, or unemployment compensation law or other similar law;
b. Bodily injury to an employee of [insert: local government owner or operator] arising from, and in the
course of, employment by [insert: local government owner or operator];
c. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle, or watercraft;
d. Property damage to any property owned, rented, loaned to, in the care, custody , or control of, or
occupied by [insert: local government owner or operator] that is not the direct result of a release from an
under ground storage tank;
e. Bodily damage or property damage for which [insert owner or operator] is obligated to pay damages
by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered
into to meet the requirements of W AC 173-360A-1015.
8. Guarantor expressly waives notice of acceptance of this Guarantee by the W ashington State
Department of Ecology , by any or all third parties, or by [local government owner or operator].
I hereby certify that the wording of this Guarantee is identical to the wording specified in W AC 173-
360A-1091 as such regulations were constituted on the ef fective date shown immediately below .
Effective date: ______________
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 99 / 105Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1092 Appendix M —Local government guarantee with standby trust made by a
local government.
Guarantee made this [date] by [name of guaranteeing entity], a local government or ganized under the
laws of [name of state], herein referred to as Guarantor , to the W ashington State Department of Ecology and to
any and all third parties, and obliges, on behalf of [local government owner or operator].
Recitals
1. Guarantor meets or exceeds [select one: the local government bond rating test requirements of W AC
173-360A-1070, the local government financial test requirements of W AC 173-360A-1071, or the local
government fund requirements of W AC 173-360A-1073].
2. [Local government owner or operator] owns or operates the following under ground storage tank(s)
covered by this Guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the
facility(ies) where the tanks are located. If more than one instrument is used to assure dif ferent tanks at any one
facility , for each tank covered by this instrument, list the tank identification number provided in the notification
submitted pursuant to W AC 173-360A-0200, and the name and address of the facility .] This Guarantee satisfies
the requirements of Part 10 of chapter 173-360A W AC for assuring funding for [insert: "taking remedial action"
and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental
releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is dif ferent for dif ferent tanks
or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-
identified under ground storage tank(s) in the amount of [insert dollar amount] per occurrence and [insert: dollar
amount] annual aggregate.
3. Incident to our substantial governmental relationship with [local government owner or operator],
Guarantor guarantees to W ashington State Department of Ecology and to any and all third parties that:
a. In the event that [local government owner or operator] fails to provide alternate coverage within 60
days after receipt of a notice of cancellation of this Guarantee and the W ashington State Department of Ecology
has determined or suspects that a release has occurred at an under ground storage tank covered by this Guarantee,
the Guarantor , upon instructions from the Department must fund a standby trust fund in accordance with the
provisions of W AC 173-360A-1050, in an amount not to exceed the coverage limits specified above.
b. In the event that the Department determines that [local government owner or operator] has failed to
perform remedial action for releases arising out of the operation of the above-identified tank(s) in accordance
with W AC 173-360A-0750, the Guarantor upon written instructions from the Department must fund a standby
trust fund in accordance with the provisions of W AC 173-360A-1050, in an amount not to exceed the coverage
limits specified above.
c. If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for
bodily injury or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental releases
arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a
claim arising from or alleged to arise from such injury or damage, the Guarantor , upon written instructions from
the Department, must fund a standby trust in accordance with the provisions of W AC 173-360A-1050 to satisfy
such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.
4. Guarantor agrees that, if at the end of any fiscal year before cancellation of this Guarantee, the
Guarantor fails to meet or exceed the requirements of the financial responsibility mechanism specified in
paragraph (1), Guarantor must send within 120 days of such failure, by certified mail, notice to [local
government owner or operator], as evidenced by the return receipt.
5. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary
proceeding under T itle 1 1 (Bankruptcy), U.S. Code naming Guarantor as debtor , within 10 days after
commencement of the proceeding.
6. Guarantor agrees to remain bound under this Guarantee notwithstanding any modification or alteration
of any obligation of [owner or operator] pursuant to chapter 173-360A W AC.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 100 / 1057. Guarantor agrees to remain bound under this Guarantee for so long as [local government owner or
operator] must comply with the applicable financial responsibility requirements of Part 10 of chapter 173-360A
WAC for the above identified tank(s), except that Guarantor may cancel this Guarantee by sending notice by
certified mail to [owner or operator], such cancellation to become ef fective no earlier than 120 days after receipt
of such notice by [owner or operator], as evidenced by the return receipt.
8. The Guarantor's obligation does not apply to any of the following:
a. Any obligation of [local government owner or operator] under a workers' compensation, disability
benefits, or unemployment compensation law or other similar law;
b. Bodily injury to an employee of [insert: local government owner or operator] arising from, and in the
course of, employment by [insert: local government owner or operator];
c. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle, or watercraft;
d. Property damage to any property owned, rented, loaned to, in the care, custody , or control of, or
occupied by [insert: local government owner or operator] that is not the direct result of a release from an
under ground storage tank;
e. Bodily damage or property damage for which [insert: owner or operator] is obligated to pay damages
by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered
into to meet the requirements of W AC 173-360A-1015.
9. Guarantor expressly waives notice of acceptance of this Guarantee by the W ashington State
Department of Ecology , by any or all third parties, or by [local government owner or operator].
I hereby certify that the wording of this Guarantee is identical to the wording specified in W AC 173-
360A-1092 as such regulations were constituted on the ef fective date shown immediately below .
Effective date: ______________
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1093 Appendix N —Local government guarantee without standby trust made by a
state.
Guarantee made this [date] by [name of state], herein referred to as Guarantor , to the W ashington State
Department of Ecology and to any and all third parties, and obliges, on behalf of [local government owner or
operator].
Recitals
1. Guarantor is a state.
2. [Local government owner or operator] owns or operates the following under ground storage tank(s)
covered by this Guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the
facility(ies) where the tanks are located. If more than one instrument is used to assure dif ferent tanks at any one
facility , for each tank covered by this instrument, list the tank identification number provided in the notification
submitted pursuant to W AC 173-360A-0200, and the name and address of the facility .] This Guarantee satisfies
the requirements of Part 10 of chapter 173-360A W AC for assuring funding for [insert: "taking remedial action"
and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental
releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is dif ferent for dif ferent tanks
or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-
identified under ground storage tank(s) in the amount of [insert: dollar amount] per occurrence and [insert: dollar
amount] annual aggregate.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 101 / 1053. Guarantor guarantees to the W ashington State Department of Ecology and to any and all third parties
and obliges that:
a. In the event that [local government owner or operator] fails to provide alternate coverage within 60
days after receipt of a notice of cancellation of this Guarantee and the W ashington State Department of Ecology
has determined or suspects that a release has occurred at an under ground storage tank covered by this Guarantee,
the Guarantor , upon written instructions from the Department must make funds available to pay for remedial
actions and compensate third parties for bodily injury and property damage in an amount not to exceed the
coverage limits specified above.
b. In the event that the Department determines that [local government owner or operator] has failed to
perform remedial action for releases arising out of the operation of the above-identified tank(s) in accordance
with W AC 173-360A-0750, the Guarantor upon written instructions from the Department must make funds
available to pay for remedial actions in an amount not to exceed the coverage limits specified above.
c. If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for
bodily injury or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental releases
arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a
claim arising from or alleged to arise from such injury or damage, the Guarantor , upon written instructions from
the Department, must make funds available to compensate third parties for bodily injury and property damage in
an amount not to exceed the coverage limits specified above.
4. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary
proceeding under T itle 1 1 (Bankruptcy), U.S. Code naming Guarantor as debtor , within 10 days after
commencement of the proceeding.
5. Guarantor agrees to remain bound under this Guarantee notwithstanding any modification or alteration
of any obligation of [owner or operator] pursuant to chapter 173-360A W AC.
6. Guarantor agrees to remain bound under this Guarantee for so long as [local government owner or
operator] must comply with the applicable financial responsibility requirements of Part 10 of chapter 173-360A
WAC for the above identified tank(s), except that Guarantor may cancel this Guarantee by sending notice by
certified mail to [owner or operator], such cancellation to become ef fective no earlier than 120 days after receipt
of such notice by [owner or operator], as evidenced by the return receipt. If notified of a probable release, the
Guarantor agrees to remain bound to the terms of this Guarantee for all char ges arising from the release, up to
the coverage limits specified above, notwithstanding the cancellation of the Guarantee with respect to future
releases.
7. The Guarantor's obligation does not apply to any of the following:
a. Any obligation of [local government owner or operator] under a workers' compensation disability
benefits, or unemployment compensation law or other similar law;
b. Bodily injury to an employee of [insert local government owner or operator] arising from, and in the
course of, employment by [insert: local government owner or operator];
c. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle, or watercraft;
d. Property damage to any property owned, rented, loaned to, in the care, custody , or control of, or
occupied by [insert: local government owner or operator] that is not the direct result of a release from an
under ground storage tank;
e. Bodily damage or property damage for which [insert: owner or operator] is obligated to pay damages
by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered
into to meet the requirements of W AC 173-360A-1015.
8. Guarantor expressly waives notice of acceptance of this Guarantee by the W ashington State
Department of Ecology , by any or all third parties, or by [local government owner or operator].
I hereby certify that the wording of this Guarantee is identical to the wording specified in W AC 173-
360A-1093 as such regulations were constituted on the ef fective date shown immediately below .
Effective date: ______________
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of person signing]
[Title of person signing]8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 102 / 105Signature of witness or notary:
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1094 Appendix O —Local government guarantee without standby trust made by a
local government.
Guarantee made this [date] by [name of guaranteeing entity], a local government or ganized under the
laws of [name of state], herein referred to as Guarantor , to the W ashington State Department of Ecology and to
any and all third parties, and obliges, on behalf of [local government owner or operator].
Recitals
1. Guarantor meets or exceeds [select one: the local government bond rating test requirements of W AC
173-360A-1070, the local government financial test requirements of W AC 173-360A-1071, or the local
government fund requirements of W AC 173-360A-1073].
2. [Local government owner or operator] owns or operates the following under ground storage tank(s)
covered by this Guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the
facility(ies) where the tanks are located. If more than one instrument is used to assure dif ferent tanks at any one
facility , for each tank covered by this instrument, list the tank identification number provided in the notification
submitted pursuant to W AC 173-360A-0200, and the name and address of the facility .] This Guarantee satisfies
the requirements of Part 10 of chapter 173-360A W AC for assuring funding for [insert: "taking remedial action"
and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental
releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is dif ferent for dif ferent tanks
or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-
identified under ground storage tank(s) in the amount of [insert: dollar amount] per occurrence and [insert: dollar
amount] annual aggregate.
3. Incident to our substantial governmental relationship with [local government owner or operator],
Guarantor guarantees to the W ashington State Department of Ecology and to any and all third parties and obliges
that:
a. In the event that [local government owner or operator] fails to provide alternate coverage within 60
days after receipt of a notice of cancellation of this Guarantee and the W ashington State Department of Ecology
has determined or suspects that a release has occurred at an under ground storage tank covered by this Guarantee,
the Guarantor , upon written instructions from the Department must make funds available to pay for remedial
actions and compensate third parties for bodily injury and property damage in an amount not to exceed the
coverage limits specified above.
b. In the event that the Department determines that [local government owner or operator] has failed to
perform remedial action for releases arising out of the operation of the above-identified tank(s) in accordance
with W AC 173-360A-0750, the Guarantor upon written instructions from the Department must make funds
available to pay for remedial actions in an amount not to exceed the coverage limits specified above.
c. If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for
bodily injury or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental releases
arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a
claim arising from or alleged to arise from such injury or damage, the Guarantor , upon written instructions from
the Department, must make funds available to compensate third parties for bodily injury and property damage in
an amount not to exceed the coverage limits specified above.
4. Guarantor agrees that if at the end of any fiscal year before cancellation of this Guarantee, the
Guarantor fails to meet or exceed the requirements of the financial responsibility mechanism specified in
paragraph (1), Guarantor must send within 120 days of such failure, by certified mail, notice to [local
government owner or operator], as evidenced by the return receipt.
5. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary
proceeding under T itle 1 1 (Bankruptcy), U.S. Code naming Guarantor as debtor , within 10 days after
commencement of the proceeding.8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 103 / 1056. Guarantor agrees to remain bound under this Guarantee notwithstanding any modification or alteration
of any obligation of [owner or operator] pursuant to chapter 173-360A W AC.
7. Guarantor agrees to remain bound under this Guarantee for so long as [local government owner or
operator] must comply with the applicable financial responsibility requirements of Part 10 of chapter 173-360A
WAC for the above identified tank(s), except that Guarantor may cancel this Guarantee by sending notice by
certified mail to [owner or operator], such cancellation to become ef fective no earlier than 120 days after receipt
of such notice by [owner or operator], as evidenced by the return receipt. If notified of a probable release, the
Guarantor agrees to remain bound to the terms of this Guarantee for all char ges arising from the release, up to
the coverage limits specified above, notwithstanding the cancellation of the Guarantee with respect to future
releases.
8. The Guarantor's obligation does not apply to any of the following:
a. Any obligation of [local government owner or operator] under a workers' compensation disability
benefits, or unemployment compensation law or other similar law;
b. Bodily injury to an employee of [insert: local government owner or operator] arising from, and in the
course of, employment by [insert: local government owner or operator];
c. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to
others of any aircraft, motor vehicle, or watercraft;
d. Property damage to any property owned, rented, loaned to, in the care, custody , or control of, or
occupied by [insert: local government owner or operator] that is not the direct result of a release from an
under ground storage tank;
e. Bodily damage or property damage for which [insert: owner or operator] is obligated to pay damages
by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered
into to meet the requirements of W AC 173-360A-1015.
9. Guarantor expressly waives notice of acceptance of this Guarantee by the W ashington State
Department of Ecology , by any or all third parties, or by [local government owner or operator].
I hereby certify that the wording of this Guarantee is identical to the wording specified in W AC 173-
360A-1094 as such regulations were constituted on the ef fective date shown immediately below .
Effective date: ______________
[Name of Guarantor]
[Authorized signature for Guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1095 Appendix P —Local government fund —Letter fr om chief financial officer .
I am the chief financial of ficer of [insert: name and address of local government owner or operator , or
guarantor]. This letter is in support of the use of the local government fund mechanism to demonstrate financial
responsibility for [insert: "taking remedial action" and/or "compensating third parties for bodily injury and
property damage"] caused by [insert: "sudden accidental releases" or "nonsudden accidental releases" or
"accidental releases"] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount]
annual aggregate arising from operating (an) under ground storage tank(s).
Under ground storage tanks at the following facilities are assured by this local government fund
mechanism: [List for each facility: the name and address of the facility where tanks are assured by the local
government fund].
[Insert: "The local government fund is funded for the full amount of coverage required under W AC 173-
360A-1015, or funded for part of the required amount of coverage and used in combination with other
mechanism(s) that provide the remaining coverage," or "The local government fund is funded for five times the
full amount of coverage required under W AC 173-360A-1015, or funded for part of the required amount of8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 104 / 105coverage and used in combination with other mechanisms(s) that provide the remaining coverage," or "A
payment is made to the fund once every year for seven years until the fund is fully funded and [name of local
government owner or operator] has available bonding authority , approved through voter referendum, of an
amount equal to the dif ference between the required amount of coverage and the amount held in the dedicated
fund" or "A payment is made to the fund once every year for seven years until the fund is fully funded and I
have attached a letter signed by the State Attorney General stating that (1) the use of the bonding authority will
not increase the local government's debt beyond the legal debt ceilings established by the relevant state laws and
(2) that prior voter approval is not necessary before use of the bonding authority"].
The details of the local government fund are as follows:
Amount in Fund (market value of fund at close of last fiscal year): _________________
[If fund balance is incrementally funded as specified in W AC 173-360A-1073 (3)(c), insert: Amount
added to fund in the most recently completed fiscal year: _______________
Number of years remaining in the pay-in period: ______
A copy of the state constitutional provision, or local government statute, charter , ordinance or order
dedicating the fund is attached.
I hereby certify that the wording of this letter is identical to the wording specified in W AC 173-360A-
1095 as such regulations were constituted on the date shown immediately below .
[Date]
[Signature]
[Name]
[Title]
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1096 Appendix Q —Certification of financial r esponsibility .
[Owner or operator] hereby certifies that it is in compliance with the requirements of Part 10 of chapter
173-360A W AC.
The financial assurance mechanism[s] used to demonstrate financial responsibility under Part 10 of
chapter 173-360A W AC is [are] as follows:
[For each mechanism, list the type of mechanism, name of issuer , mechanism number (if applicable),
amount of coverage, ef fective period of coverage and whether the mechanism covers "taking remedial action"
and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental
releases" or "nonsudden accidental releases" or "accidental releases."]
[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]
Reviser's note: The brackets and enclosed material in the text of 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 .
NEW SECTION
WAC 173-360A-1097 Appendix R —Certification of valid claim.
The undersigned, as principals and as legal representatives of [insert owner or operator] and [insert name
and address of third-party claimant], hereby certify that the claim of bodily injury [and/or] property damage8/13/2018 lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm
http://lawfilesext.leg.wa.gov/law/wsr/2018/15/18-15-083.htm 105 / 105caused by an accidental release arising from operating [owner's or operator's] under ground storage tank should
be paid in the amount of $[___].
[Signatures]
Owner or Operator
Attorney for Owner or Operator
(notary)
Date
[Signature(s)]
Claimant(s)
Attorney(s) for Claimant(s)
(notary)
Date
Reviser's note: The brackets and enclosed material in the text of 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 .