WSR 18-03-178
PROPOSED RULES
DEPARTMENT OF ECOLOGY
[Order 16-02—Filed January 24, 2018, 8:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-07-157.Title of Rule and Other Identifying Information: The department of
ecology (ecology) proposes to repeal existing chapter 173-360 WAC and adopt
new chapter 173-360A WAC, Underground storage tank (UST) regulations. The new
chapter would replace the repealed chapter. Ecology proposes changes to theregulations.
Hearing Location(s): On Wednesday, February 28, 2018, at 1:00 p.m.,
webinar and in person at the Hampton Inn and Suites, 4301 Martin Way East,Olympia, WA 98516. Presentation, question and answer session, followed by theformal public hearing.
We are also holding this hearing via webinar. This is an online meeting
forum that you can attend from any computer using internet access.
To join the webinar, click on the following link for more information
and instructions https://watech.webex.com/watech/j.php?MTID=m340722cfb126efcee19fdb77e001afc4.
For audio only, call United States toll number +1-240-454-0887 and enter
access code 803 394 380. Or to receive a free call back, provide your phonenumber when you join the event.
On Friday, March 2, 2018, at 1:00 p.m., this will be a video conference.
Participants can attend at the Department of Ecology, Eastern RegionalOffice, 4601 North Monroe Street, Spokane, WA 99205; at the Department of
Ecology, Northwest Regional Office, 3190 160th Avenue S.E., Bellevue, WA
98008; and at the Department of Ecology, Central Regional Office, 1250 WestAlder Street, Union Gap, WA 98903.
Presentation, question and answer session, followed by the formal public
hearing.
We will accept comments at all locations.Date of Intended Adoption: On or after June 30, 2018.Submit Written Comments to: Kristopher Grinnell, Department of Ecology,
P.O. Box 47600, Olympia, WA 98504-7600, Submit comments online at
http://cs.ecology.commentinput.com/?id=usNx2] by March 16, 2018. Please
submit comments online or by mail.
Assistance for Persons with Disabilities: Contact Hanna Waterstrat,
phone 360-407-7668 (voice), TTY 877-833-6341, emailhanna.waterstrat@ecy.wa.gov, 711 relay service, by February 21, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any
Changes in Existing Rules: Ecology proposes to repeal existing chapter173-360 WAC and adopt new chapter 173-360A WAC, Underground storage tank
(UST) regulations. The new chapter would replace the repealed chapter. As
part the rule making, ecology proposes to:
1. Incorporate federal rule changes needed to maintain state program
approval, as specified in 40 C.F.R. Parts 280 and 281 and adopted in June2015.
2. Incorporate changes to the state's UST program specified in the
authorizing state statute, chapter 
90.76 RCW.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
1 of 151 2/26/2018, 1:48 PM3. Make other selective changes to the requirements governing the
state's UST program (such as updating 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.
Ecology is conducting the rule making to:
1. Maintain federal approval of the state's UST program, as required by
the authorizing state statute, chapter 90.76 RCW.
2. Implement changes to state's UST program specified in the authorizing
state statute, chapter 90.76 RCW.
3. Reduce the number and severity of releases of petroleum and other
hazardous substances from UST systems, which pose a serious threat to humanhealth and the environment, including drinking water.
4. Make the rule easier to use and understand by the regulated
community.
The rule making is intended to accomplish the following:
1. Federal approval of the state's UST program.2. Compliance with the authorizing state statute, chapter 
90.76 RCW.
3. Reduction in the number and severity of releases of petroleum and
other hazardous substances from UST systems, and the threat posed by thosereleases to human health and the environment, including drinking water.
4. Rule that is easier to use and understand by the regulated community.For more information about the rule making, see
https://www.ecology.wa.gov/Regulations-Permits/Laws-rules/Rulemaking
/WAC-173-360-Mar16.
Reasons Supporting Proposal: See answer to "Purpose of the proposal and
its anticipated effects, including any changes in existing rules" above.
Statutory Authority for Adoption: Chapter 
90.76 RCW, Underground storage
tanks.
Statute Being Implemented: Chapter 90.76 RCW, Underground storage tanks.
Rule is necessary because of a federal law 40 C.F.R. Parts 280 and 281.Name of Proponent: Department of ecology, governmental.Name of Agency Personnel Responsible for Drafting: Michael Feldcamp,
Ecology Headquarters, Lacey, Washington, 360-407-7531; Implementation and
Enforcement: Kristopher Grinnell, Ecology Headquarters, Lacey, Washington,360-407-7382.
A school district fiscal impact statement is not required under RCW
28A.305.135 .
A cost-benefit analysis is required under RCW 34.05.328 . A preliminary
cost-benefit analysis may be obtained by contacting Kristopher Grinnell,Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone
360-407-7382, email USTrule@ecy.wa.gov.
This rule proposal, or portions of the proposal, is exempt from
requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 
19.85.061  because this rule making is being adopted
solely to conform and/or comply with federal statute orregulations. Citation of the specific federal statute or regulationand description of the consequences to the state if the rule is notadopted: Portions of the proposal incorporate federal rule changes,as specified in 40 C.F.R. Parts 280 and 281 and adopted in June
2015. Those changes are necessary to maintain federal approval of
the state's UST program, as required by the authorizing statestatute, chapter 
90.76 RCW.
Is exempt under RCW 19.85.025 (3) as the rules are adopting or
incorporating by reference without material change federal statuteshttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
2 of 151 2/26/2018, 1:48 PMor regulations, Washington state statutes, rules of other
Washington state agencies, shoreline master programs other thanthose programs governing shorelines of statewide significance, or,as referenced by Washington state law, national consensus codesthat generally establish industry standards, if the material
adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule; rules only correcttypographical errors, make address or name changes, or clarifylanguage of a rule without changing its effect; rule content isexplicitly and specifically dictated by statute; and rules adopt,amend, or repeal a procedure, practice, or requirement relating toagency hearings; or a filing or related process requirement forapplying to an agency for a license or permit.
The proposed rule does impose more-than-minor costs on businesses.
Small Business Economic Impact Statement (SBEIS)
Proposed amendments to chapter 173-360A WAC, Underground storage tank
regulations.
This SBEIS presents the:
• Compliance requirements of the proposed rule.
• Results of the analysis of relative compliance cost burden.• Consideration of lost sales or revenue.• Cost-mitigating action taken by ecology, if required.
• Small business and local government consultation.
• Industries likely impacted by the proposed rule.• Expected net impact on jobs statewide.
A small business is defined by the Regulatory Fairness Act (chapter
19.85 RCW) as having fifty or fewer employees. Estimated costs are determined
as compared to the existing regulatory environment, the regulations in theabsence of the rule. The SBEIS only considers costs to "businesses in anindustry" in Washington state. This means that impacts, for this document,are not evaluated for nonprofit or government agencies.
The existing regulatory environment is called the "baseline" in this
document. It includes only existing laws and rules at federal and state
levels.
This information is excerpted from ecology's complete set of regulatory
analyses of the proposed rule. For complete discussion of the likely costs,benefits, minimum compliance burden, and relative burden on small businesses,see the regulatory analyses (Ecology publication no. 18-09-056, January 2018)
COMPLIANCE REQUIREMENTS OF THE PROPOSED RULE, INCLUDING PROFESSIONAL SERVICES:  The baseline for
our analyses generally consists of existing rules and laws, and theirrequirements. This is what allows us to make a consistent comparison betweenthe state of the world with and without the proposed rule amendments. Without
the proposed rule amendments, the existing rule would remain in place and the
federal rule would be applied to the state by the Environmental ProtectionAgency (EPA) to serve as a minimum set of requirements. We are thereforeanalyzing the impacts of the proposed rule amendments as the differencebetween the proposed rule amendments and the existing state and federalrules.
For this proposed rule making, the baseline includes:
• The existing rule, chapter 173-360 WAC, Underground storage tank
regulations.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
3 of 151 2/26/2018, 1:48 PM• The authorizing statute, chapter 90.76 RCW, Underground storage tanks.
• Related laws and rules, including but not limited to 40 C.F.R. Parts 280
and 281.
The proposed rule amendments that differ from the baseline and are not
specifically  dictated in the authorizing statute or elsewhere in law or rule
include:
• Part 1 – Scope and definitions.
• Part 2 – Administration and enforcement.• Part 3 – Installation and performance standards.• Part 4 – Operation and maintenance.• Part 5 – Operator training.• Part 6 – Release detection.
• Part 7 – Release reporting, confirmation, and cleanup.
• Part 8 – Closure.• Part 9 – Service providers.• Part 10 – Financial responsibility.• Creating new chapter 173-360A WAC.
2.3.1 Part 1 – Scope and definitions:
Baseline:  The existing rule allows exemptions and exclusions for various
types of UST systems to not be required to be licensed. It also setsrequirements for maintaining these exceptions.
Proposed : Exempt UST systems, changes the heating oil exemption by
removing the requirement for tanks over one thousand one hundred gallons to
report releases.
Partially exempt UST systems, adds requirement that installation records
must be maintained until the partially excluded UST system is permanentlyclosed or undergoes a change-in-service. Eliminated requirement that a siteassessment must occur upon closure.
Expected impact : Systems storing more than one thousand one hundred
gallons of heating oil were previously subject to the release reportingrequirements in the rule. However, this duplicates requirements under chapter
173-340 WAC, Model Toxics Control Act. The likely impact is a benefit to
owners of such systems in the form of eliminating duplicate reporting.
For partially exempt systems, the impact is the cost of maintaining
installation records and the benefit of foregoing a site assessment uponclosure and keeping records.
2.3.2 Part 2 – Administration and enforcement:
Baseline : Under the baseline rule, administrative requirements for
system owners are detailed.
Proposed :
º Eliminates requirement that owners must pay tank fees after a UST system
has undergone permanent closure or a change-in-service until any releaseshave been cleaned up.
º Changes reporting requirements for sellers:
ºEliminates requirement that persons who sell property containing US
T
systems must notify buyer of licensing requirements. Persons who se l
tanks, whether new or installed, must still notify buyer.
ºAdds requirement that persons who lease tanks must notify lessee.
º Recordkeeping:
ºEliminates specific requirement about where records must be maintai n
Clarified that records only need to be made available for inspectio nhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
4 of 151 2/26/2018, 1:48 PMupon request.
ºEliminates requirement that decommissioning records must be maintai n
since such records must already be submitted to ecology upon perman e
closure or change-in-service.
ºAdded requirement that records must be transferred upon changes in
ownership or operation.
Expected impact : We expect these proposed changes to benefit system
owners in the form of decreased requirements and improve the rate at which
records are transferred at the point of sale. They will also impose costs inthe form of notification and record transfer and help align recordkeepingrequirements with current practices.
2.3.3 Part 3 – Installation and performance standards:
Baseline : The current rule lists the installation requirements and
performance standards for UST systems.
Proposed : Installation of UST systems and components:
• Adds requirement that owners and operators must confirm planned start date
at least three business days before starting installation.
• Adds prohibition that, after effective date of the rule, used tanks may
not be installed as part of a UST system.
• Adds requirement that installation records must be maintained until the
UST system is permanently closed or undergoes a change-in-service,
consistent with existing requirement for repairs to UST systems.
Performance standards for new UST systems and components:
• Unlike under the federal rule, specifies that corrosion assessments if
used to avoid installing cathodic protection, must also be performed every
five years after installation and that reports documenting the
determination and its basis must be submitted to the department.
• For secondary containment, eliminates secondary barriers as an option for
hazardous substance UST systems installed on or before October 1, 2012,since all such systems are double-walled and secondary barriers have yet[to] be used in Washington.
• For under-dispenser containment (UDC), adds requirement that they must be
factory-built or machine-tooled, unless otherwise approved by the
department. The requirement only applies to UDC installed or replaced
after effective date of rule.
Upgrade to recordkeeping requirements for existing and previously
deferred UST systems:
• Adds requirement that upgrade records must be maintained until the UST
system is permanently closed or undergoes a change-in-service.
• Adds requirement that upgrade records must be maintained until the UST
system is permanently closed or undergoes a change-in-service. The federalrule does not require records of upgrades to be maintained, except forrepairs.
Performance standards for partially exempt UST systems:
• Unlike under the federal rule, corrosion assessments used to avoid
installing cathodic protection must also be performed every five yearsafter installation. Reports documenting the determination and its basis is[are] submitted to the department.
Compatibility requirements for UST systems:http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
5 of 151 2/26/2018, 1:48 PM• Specifies that compatibility demonstrations are also required for UST
systems storing hazardous substances. The federal rule does not requirethis.
• Specifies that records of compatibility demonstrations must be maintained
"until the system is permanently closed or undergoes a change-in-service."
Expected impact : The proposed rule amendments would potentially result
in increased costs for system owners. These costs arise from record[s]retention, demonstration of compatibility, corrosion assessment andreporting, and the need to use new, as opposed to used tanks.
Benefits will also accrue due to improved communication and aligning
requirements. Also, ensuring that ecology is present at installation will
discourage poor practices that may have been used in installation previously.
2.3.4 Part 4 – Operation and maintenance:
Baseline : The existing rule addresses the operation and maintenance of
UST systems.
Proposed : Transfer of regulated substances:
• Adds requirement that product deliverers must comply with spill and
overfill control requirements.
• Adds requirement that product deliverers and waste oil collectors must
report any spill or overfill of regulated substances immediately to theowner or operator.
Operation and maintenance walkthrough inspections:
• Specifies that records of walkthrough inspections must be maintained for
three years. The federal rule specifies one year.
• Specifies that walkthrough inspections must begin upon installation (for
systems installed after effective date) or one year after effective date(for systems installed on or before effective date). The federal rule
specifies three years after effective date for all systems.
Operation and maintenance of corrosion protection:
• Adds requirement that corrosion expert must be notified within twenty-four
hours if cathodic protection system is not operating properly.
• Changes record retention for cathodic protection tests from last two
tests, which is the same as the federal rule, to six years (two complianceinspections). Tests are performed every three years.
• Changes record retention for rectifier inspections from last three
inspections, which is the same as the federal rule, to three years (onecompliance inspection).
Operation and maintenance of containment sumps used for interstitial
monitoring and spill prevention equipment:
• Specifies that tightness tests must be performed by [a] certified service
provider. The federal rule does not specify who may perform tests.
• Specifies that tightness tests must be reported. The federal rule does not
require reporting.
• Specifies that records of periodic monitoring must be retained for three
years (one inspection cycle). The federal rule requires such records to be
maintained for as long as the equipment is periodically monitored.
• Specifies that records of tightness tests must be retained for six years
(two inspection cycles). The federal rule requires such records to bemaintained for three years.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
6 of 151 2/26/2018, 1:48 PM• Specifies that compliance dates for previously installed UST systems
depends on whether the identification number on the facility compliancetag is even (two years after effective date) or odd (three years aftereffective date). The federal rule requires compliance within three years.This is intended to avoid having the deadline for testing and inspectionsby service providers of all previously installed UST systems (more thannine thousand) be at the same time, which has been an implementation
problem in other states.
Operation and maintenance of overfill prevention equipment:
• Specifies that inspections must be performed by a certified service
provider. The federal rule does not specify who may perform theinspections.
• Specifies that inspections must be reported. The federal rule does not
require reporting.
• Specifies that flow restrictors in vent lines needing repairs must be
replaced with another type of overfill prevention equipment.
• Specifies that records of inspections must be retained for six years (two
inspection cycles). The federal rule requires such records to bemaintained for three years.
• Specifies that compliance dates for previously installed UST systems
depends on whether the identification number on the facility compliance
tag is even (two years after effective date) or odd (three years aftereffective date). The federal rule requires compliance within three years.This is intended to avoid having the deadline for testing and inspectionsby service providers of all previously installed UST systems (more thannine thousand) be at the same time, which has been an implementationproblem in other states.
Operation and maintenance of release detection equipment:
• Specifies that tests must be performed by a certified service provider.
The federal rule does not specify who may perform the tests.
• Specifies that tests must be reported. The federal rule does not require
reporting.
• Specifies that schedules of required calibration and maintenance must be
maintained for as long as the equipment is used. The federal rule requires
such records to be maintained for five years.
• Specifies that testing of release detection equipment must begin upon
installation (for systems installed after effective date) or either two orthree years after effective date (for systems installed on or beforeeffective date) based on whether the facility compliance tag number iseven or odd. The federal rule requires compliance within three years forall UST systems.
Repairs of UST system components:
• Specifies that tests must be performed by a certified service provider.
The federal rule does not specify who may perform such tests.
• Specifies that tests must be reported. The federal rule does not require
reporting.
• Specifies that records of tests must be retained for three years (one
inspection cycle). The federal rule does not clearly specify recordretention for such tests.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
7 of 151 2/26/2018, 1:48 PM• Adds requirement that electronic or mechanical repaired release detection
equipment must be tested within thirty days of the repair. The federalrule does not require such testing upon repair.
Expected impact : The proposed rule could result in costs for product
deliverers, however, it is expected that they are already complying withspill and overfill control requirements. Expected additional costs for ownersare associated with walkthrough inspections, record retention duration, andnotification of corrosion expert requirements. Also, costs may accrue forutilization of certified service providers for tightness tests, overflowprevention equipment inspections, release detection equipment inspections,
and repairs to system components; as well as reporting of these inspections
and retention of these records.
Potential benefits could result from greater ability for ecology to
identify trends in reporting data and decreasing the probability of arelease.
2.3.5 Part 5 – Operator training:
Baseline:  The existing rule includes the requirements for operator
training.
Proposed :
º Updates grandfather clause to clarify that retraining is not required
merely because the training requirements are changed.
º Adds requirements that existing Class A and/or B training programs and
examinations must be revised to reflect changes in training requirements
and approved by the department. Updates must be submitted within sixmonths of the effective date of the rule.
º Eliminates exemption from retraining requirements for Class A and B
operators retrained annually.
º Adds operation and maintenance of containment sumps to the list of what
must be included in operation and maintenance plans, consistent with newrequirements.
Expected impact : The proposed changes result in likely costs in the form
of updating training programs and benefits due to avoided retraining throughthe grandfather clause.
2.3.6 Part 6 – Release detection:
Baseline:  The existing rule includes requirements pertaining to release
detection.
Proposed:  General requirements —Recordkeeping:
• Changes retention period for certification records from five years to as
long as the equipment or method is used. The retention period in thefederal rule is five years.
• Changes retention period for tank and line tightness test results from the
last test to the last two tests, including when performed on previously
deferred UST systems. The federal rule requires the last test result.
• Specifies that retention period for results from vapor monitoring using a
tracer compound every two years is the last two test results. The federalrule requires the last test result.
• Changes retention period for results from all other release detection
methods, including when performed on previously deferred UST systems, fromfive years to three years. The federal rule requires the last test result.
Weekly manual tank gauging:http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
8 of 151 2/26/2018, 1:48 PM• Adds requirements that equipment must be able to measure water levels, and
that water levels must be measured at least once each month.
Expected impact : Proposed changes to the rule will likely result in
increased costs to the system owners in the form of increased recordretention and updating tank gauging equipment to measure water levels.Potential benefits could result from better identification of potentialproblems.
2.3.7 Part 7 – Release reporting, confirmation, and cleanup:
Baseline:  The existing rule discusses requirements pertaining to release
reporting, confirmation, and cleanup.
Proposed:  Site assessment requirements:
• Incorporates into the rule minimum requirements for site assessments from
the guidance document referenced in the current rule. Except as follows,the requirements are the same:
ºFor assessing single tanks in place, increased the number of sample
s
from three to five for tanks between nine thousand and twenty thous a
gallons. For assessing multiple tanks in place, clarified the numbe r
additional samples required for each additional tank.
ºFor assessing connected dispensers (either removed or in place),
clarifies that one sample must be collected for each connecteddispenser rather than each dispenser island.
ºFor assessing single tanks removed from the ground, increases the
number of samples from three to five for tanks between nine thousan
d
and twenty thousand gallons. For assessing multiple tanks removed f r
the ground, increases the number of additional samples for each
additional tank from one to two.
ºFor assessing excavated soils, reduces the number of required sampl e
when there is less than fifty-one cubic yards from three to two (fo r
twenty-six through fifty) and one (for zero through twenty-five).
ºFor assessing UST system components in place, specified that sample s
must be collected as close as practicable to, but no more than ten f
from the applicable component. The current rule does not specify anoutside limit.
ºChanges deadline for service providers to report confirmed releases 
the department from seventy-two hours to twenty-four hours to beconsistent with reporting requirements for owners and operators.
Expected impact:  The proposed rule would create potential costs to
system operators. This is due to having to conduct additional sampling whenconducting a site assessment under some circumstances.
2.3.8 Part 8 – Closure:
Baseline:  The existing rule regulates closure of UST systems.
Proposed:  Temporary closure of UST systems:
• Adds requirement that UST systems temporarily closed for more than ninety
days must either be emptied or the amount of regulated substance remainingin the system must be measured.
• Eliminates "0.3 percent by weight of the total capacity" as a criteria for
determining whether a UST system is empty.
• Eliminates requirement that a UST system must be permanently closed after
twelve months if the tanks and piping do not meet applicable performancestandards or upgrade requirements. The provision is no longer necessary.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
9 of 151 2/26/2018, 1:48 PM• Adds requirement that a preliminary evaluation of the structural integrity
of a tank must be completed before ecology will authorize deposit ofregulated substances needed for a tightness test of an empty temporarilyclosed UST system.
• For UST systems temporarily closed more than ninety days, adds requirement
that any operation and maintenance tests or inspections suspended duringtemporary closure must be performed before returning a UST system to
operation.
Permanent closure and change-in-service of UST systems:
• Adds requirement that ecology must be notified of any change in the
planned start date for permanent closure or change-in-service at leastthree business days before starting.
• Eliminates requirement that permanent closure or change-in-service must be
completed within ninety days of ecology's receipt of the notice of intent.
• Eliminates requirement that decommissioning records must be maintained
since such records must be submitted to ecology.
• Eliminates exception to site assessment requirement in cases where vapor
or groundwater monitoring is used as a release detection method andmonitoring does not indicate a release.
• Specifies that ecology must be notified of the permanent closure of
partially excluded UST systems. Such systems no longer need to comply with
any other closure requirements.
Expected impact:  The proposed changes to the rule will likely result in
costs to the system owner in the form of either measuring or removing anysubstances in the system for temporary closure.
Other potential costs include a preliminary evaluation of structural
integrity, and notification. Potential benefits accrue from less recordretention and the elimination of redundant requirements.
2.3.9 Part 9 – Service providers:
Baseline:  The existing rule sets requirements for certifications for
providers of specific services.
Proposed:  Certifications required to perform services:
• Specifies that assessments of corrosion potential, which are now allowed
under the proposed rule, must be performed by a corrosion expert.
• Specifies that the following new required services must be performed by a
service provider certified in tightness testing or installation/repair:
ºTesting of containment sumps used for interstitial monitoring.ºTesting of spill prevention equipment.ºTesting of release detection equipment.ºInspections of overfill prevention equipment.ºTesting of secondary containment areas of tanks or piping used for
interstitial monitoring.
Certification of service providers:
• Adds certification by the Steel Tank Institute as a method of being
certified as a cathodic protection tester.
Responsibilities of service providers:
• Adds requirement that tanks and piping runs undergoing permanent closure
may not be removed from the ground unless both the service providerdecommissioning the tanks or piping runs and the site assessor performinghttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
10 of 151 2/26/2018, 1:48 PMthe site assessment are present.
• Changes deadline for service providers to report confirmed releases to
ecology from within seventy-two hours to within twenty-four hours to makeconsistent with reporting requirements for owners and operators.
Expected impact:  The proposed rule would likely result in additional
costs to system owners as service providers would need certification andwould likely charge more because of it.
Potential benefits include providing consistency in the methods used to
conduct testing, ensuring proper sampling, and alignment of release reportingto eliminate confusion. The proposed rule creates additional benefits in the
form of decreasing the chance of a release to occur due to the utilization of
service providers with specific certifications, service providers beingpresent when decommissioning and aligning reporting requirements.
2.3.10 Part 10 – Financial responsibility:
Baseline:  The existing rule sets regulations for financial
responsibility for system owners.
Proposed:  Period of financial responsibility:
• Unlike the federal rule, specifies that financial responsibility does not
need to be maintained during temporary closure if the UST system isemptied and a site assessment is completed after the system is emptied. Asite assessment is not needed if a release had previously been confirmedand further remedial action is needed to cleanup the confirmed release.
• Unlike the federal rule, specifies that financial responsibility does not
need to be maintained after permanent closure or change-in-service untilany releases from the UST system are cleaned up.
State fund financial assurance option:
• Eliminates requirements for state fund option since there is no such
option in Washington state.
Recordkeeping by owners and operators:
• Eliminates requirement that specifies where financial responsibility
records must be maintained. Records must still be made available upon
request by the department.
Reporting by owners and operators:
• For insurance, to demonstrate financial responsibility, specifies that
need to submit both certification of financial responsibility and
certificate of insurance or endorsement.
Certificates of insurance and endorsement boilerplates:
• Adds "policy retroactive date" to information that must be included on
certificates of insurance and endorsements to insurance policies.
• Adds contact information for business licensing service to help inform
both the insurer and insured who holds the endorsement.
Expected impact:  The proposed rule would likely create benefits for
system owners by allowing periods where financial responsibility need not bemaintained. Costs may accrue due to submission of certification of financialresponsibility and certificate of insurance or endorsement.
2.3.11 Creating a new chapter, chapter 173-360A WAC:
Baseline:  Chapter 173-360A WAC does not exist. Most of the information
that is proposed for inclusion in chapter 173-360A WAC is contained inhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
11 of 151 2/26/2018, 1:48 PMchapter 173-360 WAC.
Proposed:  Creation of a new chapter, chapter 173-360A WAC. Repeal of
chapter 173-360 WAC. Incorporate and update existing requirements into thenew chapter.
Expected impact:  The proposed changes will simplify and improve clarity.
COSTS OF COMPLIANCE: EQUIPMENT:  Additional costs may accrue due to updating tank
gauging equipment to measure water levels. All electronic systems alreadyhave this capability. If the owner does not have an electronic system, thisrequirement could be met using a tank stick, which costs roughly $20 and atube of water finding paste, which costs roughly $10. Ecology does not haveinformation on how many owner/operators this will impact.
Costs for requiring new tanks being used would be the difference between
the cost of a new tank and the cost of a used one. This would varyconsiderably based on type, size and condition of used tank. If an
owner/operator reused a tank they already possessed, the cost attributable to
the rule would be the difference between the cost of a new tank (roughly$25,000) and the cost of recertifying the old tank (roughly $7,500 ). If theypurchase the used tank, this would decrease the cost attributable to the ruleby the amount spent on the used tank.
 Phone conversation with correspondence with David Luke of Frontier Sales (Containment Solutions) on January
10, 2018.
COSTS OF COMPLIANCE: SUPPLIES:  Compliance with the proposed rule, compared to the
baseline, is not likely to impose additional costs of supplies.
COSTS OF COMPLIANCE: LABOR: Compliance with the proposed rule, compared to the
baseline, result in likely costs for companies updating training programs to
align with new rule is estimated to cost $120 to $480 based [on] one to fourhours of a training development manager's time, a $50.88 hourly wagemultiplied by a factor of 2.257 for overhead, and an inflation adjustment of2.7 percent.
COSTS OF COMPLIANCE: PROFESSIONAL SERVICES:  Metal tanks and piping do not need to be
cathodically protected if a corrosion expert assesses the environment aroundthe UST system and determines that it is not corrosive enough to cause thesystem to have a release due to corrosion during its operational life.
Initial assessments are required under federal rule. The proposed rule adds
additional assessments every five years.
While the initial corrosion assessment is estimated by the industry to
cost $8,000, the follow-up assessments are estimated to cost $789.20 everyfive years, based on eight hours of an environmental engineer's time, a$42.56 hourly wage  multiplied by a factor of 2.257 for overhead , and aninflation adjustment of 2.7 percent . This is a rarely used provision,currently only five sites, representing ten tanks, have used this provisionand moving forward we do not anticipate that number growing.
For a total cost of $3,946 every five years, including reporting, which
converts to a twenty year present value  of approximately $13,135 over thefive sites.
Costs may accrue for utilization of certified service provider for
tightness tests, overflow prevention equipment inspections, release detectionequipment inspections, and repairs to system components; as well as reportingof these inspections and retention of these records. Costs will depend on theservice provider and how many tanks are at the site. Costs are estimated to
range from $400 - $900.
Additional testing resulting from the proposed rule includes :
 United States Bureau of Labor Statistics 2016 https://www.bls.gov/oes/current/oes_nat.htm#17-0000 for wage
type 17-2081.1
1
2 3
4
5
6
2http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
12 of 151 2/26/2018, 1:48 PM WA Department of Ecology (2016). Ecology 2017 Standard Cost assumptions. December 2, 2016.
 US Bureau of Labor Statistics (2017). Consumer Price Index 2016-2017. United States Treasury Department (2017). Historic rates of returns on I-bonds, 1998 – 2017.
 Note: Federal rule requires these tests begin three years after federal effective date. The proposed rule
requires them to begin sooner, therefore, the costs associated with any required testing prior to the three-yearfederal start date is attributable to the proposed rule.
(1) Spill bucket testing once every three years, this is for all spill
buckets.
a. This is conducted by a service provider and there is a spill bucket
for each of the nine thousand regulated USTs in Washington.
b. Estimated to cost roughly $100 per test.c. Half of these will occur in two years, one year earlier than the
federal rule requires.
d. Aggregate cost attributable to the proposed rule is the cost of one
test per tank, or $435,000.
(2) Overfill devices once every three years.
a. This is conducted by a service provider and there is an overfill
device for each of the nine thousand regulated USTs in Washington.
b. Estimated to cost roughly $100 per test.c. Half of these will occur in two years, one year earlier than the
federal rule requires.
d. Aggregate cost attributable to the proposed rule is the cost of one
test per tank, or $435,000.
(3) Testing of sumps used for interstitial monitoring once every three
years.
a. This is conducted by a service provider and there are roughly two
thousand sumps used for interstitial monitoring at UST sites in Washington.
b. Estimated to cost roughly $200 per test.c. Half of these will occur in two years, one year earlier than the
federal rule requires.
d. Aggregate cost attributable to the proposed rule is the cost of one
test per tank, or $193,000.
This results in an estimated twenty year present value  of approximately
of $1.06 million.
 United States Treasury Department (2017). Historic rates of returns on I-bonds, 1998 – 2017.
Other potential costs include a preliminary evaluation of structural
integrity (such as a pressure decay test) when a UST system is temporarilyclosed for more than ninety days then returned to operation. Theseevaluations would be performed by service providers and are estimated to cost$700. These are estimated to occur roughly thirty times per year, which
converts to a twenty year present value  of approximately $360,000.
8 United States Treasury Department (2017). Historic rates of returns on I-bonds, 1998 – 2017.
COSTS OF COMPLIANCE: ADMINISTRATIVE COSTS: Where applicable, ecology estimates
administrative costs "overhead" as part of the cost of labor and professionalservices, above.
COMPARISON OF COMPLIANCE COST FOR SMALL VERSUS LARGE BUSINESSES:  When determining the
proportionality of impacts, ecology typically compares small businesses
(those with fifty or fewer employees) to the largest ten percent of
businesses in the industry. In the current analyses, small businessesrepresent more than ninety percent of all businesses in the affectedindustries (as identified by NAICS code, see below). For this reason, ecologyis comparing the impacts on small businesses with large businesses (thosewith fifty or more employees).
Small businesses average 7.8 employees. Large businesses average one3
4
56
7
7
8http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
13 of 151 2/26/2018, 1:48 PMhundred twenty-seven employees. Because large businesses have 16.3 times as
many employees as small businesses in these industries, in order for theimposed costs to be proportional, they would need to be 16.3 times as largefor large businesses than for small businesses. While it makes intuitivesense that larger businesses would have more tanks (and therefore face higher
costs), this is not universally accurate. Further, it is highly unlikely that
these costs would be sixteen times higher.
Therefore, we conclude that the proposed rule amendments are likely to
have disproportionate impacts on small businesses, and therefore ecology mustinclude elements in the proposed rule amendments to mitigate thisdisproportion, as far as is legal and feasible.
CONSIDERATION OF LOST SALES OR REVENUE:  Businesses that would incur costs could
experience reduced sales or revenues if the incurred costs wouldsignificantly affect the prices of the goods they sell. The degree to which
this could happen is strongly related to each business's production and
pricing model (whether additional lump-sum costs significantly affectmarginal costs), as well as the specific attributes of the markets in whichthey sell goods, including the degree of influence of each firm on marketprices, as well as the relative responsiveness of market demand to pricechanges.
MITIGATION OF DISPROPORTIONATE IMPACT:  The RFA (RCW 19.85.030 (2)) states that:
Based upon the extent of disproportionate impact on small business
identified in the statement prepared under RCW 19.85.040 , the agency shall,
where legal and feasible in meeting the stated objectives of the statutes
upon which the rule is based, reduce the costs imposed by the rule on smallbusinesses. The agency must consider, without limitation, each of thefollowing methods of reducing the impact of the proposed rule on smallbusinesses:
(a) Reducing, modifying, or eliminating substantive regulatory
requirements;
(b) Simplifying, reducing, or eliminating recordkeeping and reporting
requirements;
(c) Reducing the frequency of inspections;
(d) Delaying compliance timetables;(e) Reducing or modifying fine schedules for noncompliance; or(f) Any other mitigation techniques including those suggested by small
businesses or small business advocates.
Ecology considered all of the above options, and included the following
legal and feasible elements in the proposed rule that reduce costs.
• Adding exclusions, exceptions, and clarifications to prevent overlapping
regulatory requirements.
• Eliminating some requirements for partially exempt UST systems.• Lessening requirements for when site assessments must occur.
SMALL BUSINESS AND LOCAL GOVERNMENT CONSULTATION: Ecology involved small businesses and
local government (or representative organizations) in its development of the
proposed rule amendments, as part of its outreach and rule-development
process. This included:
• Email listserv "Ecology-UST-RULE LIST," with three hundred fifteen current
members, including industry groups, cities, and counties.
• Stakeholder meetings – attendees and invitees:
ºSME SolutionsºAlbertsonshttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
14 of 151 2/26/2018, 1:48 PMºAutomotive United Trades Organization (AUTO)
ºBPºCentury LinkºCostcoºFred Meyers
ºJackson's Food
ºKorean American Grocers Association of Washington (KAGRO)ºNorthwest TankºNW Grocers AssociationºPSEºQFCºSafewayºShellºTesoro
ºUST Service Providers
ºWashington Oil Marketers Association (WOMA)ºWestern States Petroleum Association (WSPA)
NAICS CODES OF INDUSTRIES IMPACTED BY THE PROPOSED RULE: The proposed rule is likely to
impact the following NAICS codes.
Table 3: NAICS Codes that Include Businesses Possibly Needing to Comply with
the Proposed Rule Amendments
2111 3241 4812 4854 4879 5321 7139
2121 3361 4821 4855 4881 5621 8111
2122 4231 4831 4859 4882 5622 9281
2123 4247 4841 4861 4883 6221
2131 4411 4842 4862 4884 6222
2211 4412 4851 4869 4889 6223
2212 4471 4852 4871 4911 6231
2213 4811 4853 4872 4921 7112
IMPACT ON JOBS:  Ecology used the Washington state office of financial
management's 2007 Washington Input-Output Model  to estimate the impact of theproposed rule on jobs in the state. The model accounts for interindustryimpacts and spending multipliers of earned income and changes in output.
 See the Washington State Office of Financial Management's site for more information on the Input-Output
model. http://www.ofm.wa.gov/economy/io/2007/default.asp
The proposed rule amendments will result in transfers of money within
and between industries. Job impact calculations were based on cost increasesand reductions over the twenty year period of study that could be quantifiedfor the proposed rule amendments.
It is estimated that the state would experience a net increase in
employment of two jobs as a result of the proposed rule over the twenty yearperiod of study.
These prospective changes in overall employment in the state are the sum
of multiple small increases and decreases across all industries in the state.
A copy of the statement may be obtained by contacting Kristopher
Grinnell, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600,phone 360-407-7382, email USTrule@ecy.wa.gov.
January 24, 2018
Polly Zehm9
9http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
15 of 151 2/26/2018, 1:48 PMDeputy Director
Chapter  173-360A  WAC
UNDERGROUND STORAGE TANK REGULATIONS
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 underground storage tank program that is intended, ata minimum, to meet the legislature's intent to:
(1) Address the serious threat to human health and the environment posed
by leaking underground storage tanks containing petroleum and other regulatedsubstances;
(2) Meet the requirements for delegation of the federal underground
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 Underground Storage Tank Compliance Act of2005 (42 U.S.C. Sec. 15801 et seq., Energy Policy Act of 2005, P.L. 109-58,
Title XV, Subtitle B); and
(4) Allow for the establishment of local requirements more stringent
than the statewide requirements to protect environmentally sensitive areas.
NEW SECTION
WAC 173-360A-0110 Applicability 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 Waste Disposal Act (42 U.S.C. Sec. 6921 through 6939e), or a mixture ofsuch 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 WaterAct (33 U.S.C. Sec. 1317(b) or 1342);
(c) Any storage tank situated in an underground area (such as a
basement, cellar, vault, mineworking, drift, shaft, or tunnel) upon or abovehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
16 of 151 2/26/2018, 1:48 PMthe 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 emergency 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 theSecretary of Transportation to be connected to a pipeline, or to be operatedor intended to be capable of operating at pipeline pressure or as an integralpart 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 Water Act (33 U.S.C. Sec. 1317(b) or 1342);
(ii) Any UST system containing radioactive material that is regulated
under the Atomic Energy Act of 1954 (42 U.S.C. Sec. 2011 et seq.);
(iii) Any UST system that is part of an emergency power generator system
at a nuclear power generation facility licensed by the Nuclear RegulatoryCommission and subject to Nuclear Regulatory Commission requirementsregarding design and quality criteria, including 10 C.F.R. Part 501; 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) WAC 173-360A-0200 (Licensing of UST systems);(ii) WAC 173-360A-0210 (Fees for UST systems);(iii) WAC 173-360A-0220 (Facility compliance tags);(iv) WAC 173-360A-0240(3) (Availability of records);(v) WAC 173-360A-0250 (Compliance monitoring, investigation, and
access);
(vi) WAC 173-360A-0270 (Enforcement);
(vii) WAC 173-360A-0280 (Delivery prohibition);(viii) WAC 173-360A-0290 (Civil penalties);(ix) WAC 173-360A-0300 (Installation of UST systems and components);(x) WAC 173-360A-0340 (Performance standards for partially exempt USThttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
17 of 151 2/26/2018, 1:48 PMsystems), 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) WAC 173-360A-0400(1) and 173-360A-0405(1) (Authority to deliver or
deposit regulated substances);
(xii) WAC 173-360A-0750 (Reporting and cleanup of confirmed releases);(xiii) WAC 173-360A-0810(5) (Partially exempt UST systems – Notice of
permanent closure);
(xiv) WAC 173-360A-0820(5) (Partially exempt UST systems – Notice of
change-in-service); and
(xv) Part 10 of this chapter (Financial responsibility).(3) Previously deferred UST system compliance dates.
(a) Owners and operators of previously deferred UST systems, as defined
in WAC 173-360A-0150(53), installed on or before (effective date of rule)shall comply with the requirements of this chapter in accordance with theschedule in Table 0110-1.
Table 0110-1: Previously Deferred
UST System Compliance Dates
Requirements Compliance Date
Part 1 (purpose and scope) (effective date of rule)
Part 2 (administration and
enforcement)(effective date of rule)
Part 3 (installation and
performance standards)(three years after effective
date of rule)
Part 4 (operation and
maintenance)(three years after effective
date of rule)
Part 5 (operator training) ( three years after effective
date of rule)
Part 6 (release detection) (t hree years after effective
date of rule)
Part 7 (releas e reporting,
confirmation, and cleanup)(effective date of rule)
Part 8 (closure) (effe ctive date of rule)
Part 9 (service providers) (effective date of rule)Part 10 (financial
responsibility)(effective date of rule)
(b) Owners and operators of previously deferred UST systems installed
after (effective date of rule) shall comply with the requirements of thischapter upon installation.
NEW SECTION
WAC 173-360A-0120 Preemption of local programs.
This chapter supersedes and preempts any state or local underground
storage tank law, ordinance, or resolution governing any aspect of regulationcovered by this chapter except:
(1) Provisions of the International Fire Code adopted under chapterhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
18 of 151 2/26/2018, 1:48 PM19.27 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 regulatedsubstance;
(3) Local laws, ordinances, and resolutions pertaining to permits and
fees for the use of underground storage tanks in street right of ways thatwere in effect on July 1, 1990;
(4) City, town, or county underground storage tank ordinances that are
more stringent than the federal regulations and the uniform fire code adoptedunder chapter 
19.27 RCW and were in effect 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 receivednotification from the city of Redmond, and city of Renton, the city of
Spokane, Spokane County, and Tacoma-Pierce County; and
(5) Local laws, ordinances, and resolutions pertaining to the protection
of environmentally sensitive areas that are more stringent than therequirements of this chapter and have been approved by the department underWAC 173-360A-0130.
NEW SECTION
WAC 173-360A-0130 Approval of more stringent local requirements.
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, ifapproved by the department under this section. Designation of anenvironmentally sensitive area under this section is solely for the purposesof 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 anenvironmentally sensitive area. A city, town, or county may also submit ajoint 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) Required information.  The application for designation of an
environmentally sensitive area and approval of more stringent UST systemrequirements shall consist of a concise, factual report that providessufficient information for the department to make a determination. Theapplication 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 underground water resources and rechargeareas, and an explanation of why those characteristics make it especiallyvulnerable to the threats posed by releases from UST systems, considering thecriteria 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 stringentrequirements are necessary to protect the area, considering:
(A) The possible impacts of contaminated groundwater on human health and
the environment;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
19 of 151 2/26/2018, 1:48 PM(B) Whether the statewide requirements of this chapter are sufficient 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 affected 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 theproposal. This information may include the following:
(i) The geographic limits of the groundwater recharge zone;(ii) The geographic limits of the underground water resource;
(iii) The geology within both the recharge zone and the underground
water resource;
(iv) The location, yield, well depth, and present use of wells within
the limits of the threatened underground water resource;
(v) The estimated capacity of the underground 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 stringentrequirements for UST systems are necessary to protect the area. To 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 statuteor regulation. If this demonstration is made, then the department shallapprove its designation as an environmentally sensitive area. Those areasinclude the following:
(i) An aquifer identified as the primary source of supply for public
water supply systems;
(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 WAC; 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 shall evaluate the applicationbased on the overall sensitivity of the environment and the need for morestringent 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 recharge area for underlying groundwater;(B) The depth to groundwater;(C) The permeability of the soils;(D) The amount of precipitation;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
20 of 151 2/26/2018, 1:48 PM(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 reachsuch 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, affected local, state, and tribal agencies, and
affected water user groups adequate notice and opportunity to comment on theapplication; and
(b) Hold at least one public hearing for the purpose of receiving
comments on the application from such persons.
(4) Review and approval.
(a) Completeness.  Within thirty days of receiving an application, the
department shall review the application for completeness and request anyadditional 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 inthe jurisdiction where the environmentally sensitive area is proposed.
(c) Determination.  The department shall approve or disapprove the
application. The department's determination shall 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 thissection; and
(iii) Whether the proposed more stringent UST system requirements are
necessary and reasonably consistent with previously approved localregulations for similar environmentally sensitive areas.
(d) Resubmittal.  Applications disapproved by the department may be
modified by the local government and resubmitted to the department forapproval.
(5) Applicability of approved programs.  Proposed local ordinances and
resolutions shall become effective when approved by the department. Anapproved local ordinance or resolution may only apply to UST systemsinstalled after the effective 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 thedepartment. To be approved, the annual local tank fee must not exceed fiftypercent of the annual state tank fee, and must be demonstrated to benecessary for enhanced program administration and enforcement. Annual localtank fees authorized and collected under this section shall be deposited inthe state underground storage tank account, established under RCW 
90.76.100 .
NEW SECTION
WAC 173-360A-0140 Intergovernmental agreements.
In order to fully implement this chapter, and to protect surface andhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
21 of 151 2/26/2018, 1:48 PMgroundwater resources that may cross jurisdictional boundaries, the
department may negotiate and enter into cooperative agreements with Indiantribal governments, adjacent states, and Canadian governmental agencies. Suchcooperative agreements shall not affect the regulatory jurisdiction of anyparty thereto with regard to any civil or criminal matters otherwise
exercised by any party. Intergovernmental agreements shall further the
purpose of this chapter, serve to establish a framework for intergovernmentalcoordination and cooperation, and serve to minimize duplication andefficiently utilize program resources to manage underground storage tanks andprotect surface and groundwater resources.
NEW SECTION
WAC 173-360A-0150 Definitions.
For the purposes of this chapter, the following definitions shall 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 large diameter piping that typically terminates into one ormore hydrants (fill stands). The airport hydrant system begins where fuelenters one or more tanks from an external source such as a pipeline, barge,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 controlthe flow of regulated substances to and from an UST.
(3) "Cathodic protection"  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 theapplication of either galvanic anodes or impressed current.
(4) "Cathodic protection 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 submerged metal piping
and tank systems. At a minimum, such individuals must have sufficienteducation in and experience with soil resistivity, stray current, structure-to-soil potential, component electrical isolation measurements of buriedmetal piping and tank systems. Such individuals must be certified inaccordance 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 resourcesand personnel, such as establishing work assignments, to achieve and maintaincompliance 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-dayoperation and maintenance of the system. The Class B operator typicallyperforms 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.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
22 of 151 2/26/2018, 1:48 PM(8) "Class C operator " means an individual responsible for initially
responding to alarms or other indications of emergencies caused by spills,overfills, leaks, or releases from an UST system. The Class C operatortypically controls or monitors the dispensing or sale of regulated substancesfrom the system.
(9) "Code of practice"  means the most recent edition of a code of
practice developed by a nationally or internationally recognized associationor independent testing laboratory available at the time an UST system serviceis performed.
(10) "Compatible"  means the ability of two or more substances or
materials to maintain their respective physical and chemical properties uponcontact with one another for the design life of the UST system underconditions likely to be encountered in the UST system.
(11) "Connected piping"  means all underground piping including valves,
elbows, joints, flanges, and flexible connectors attached to an UST system
through which regulated substances flow. For the purpose of determining howmuch piping is connected to any individual UST system, the piping that joinstwo 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 frompiping, dispensers, pumps, and related components in the containment area.Containment sumps may be single walled or secondarily contained and locatedat 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) "Corrosion expert"  means an individual who, by reason of a thorough
knowledge of the physical sciences and the principles of engineering andmathematics acquired by a professional education and related practicalexperience, is qualified to engage in the practice of corrosion control onburied or submerged metal piping systems and metal tanks. Such individualsmust be certified in accordance with WAC 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 USTsystems from the surrounding soils. Dielectric bushings are used toelectrically 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 transitionalcomponents.
(19) "Double-walled tanks"  and "double-walled piping"  mean tanks and
piping consisting of an inner wall and an outer wall with an interstitialspace capable of being monitored for leaks.
(20) "Electrical equipment"  means, for the purposes of the exemption
described in WAC 173-360A-0110 (1)(i), underground equipment that contains
dielectric fluid that is necessary for the operation of equipment such as
transformers and buried electrical cable.
(21) "Environment"  means the term as defined in WAC 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 pithttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
23 of 151 2/26/2018, 1:48 PMand 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 commencedon or before December 22, 1988. Installation is considered to have commencedif:
(a) The owner or operator had obtained all federal, state, and local
approvals or permits necessary to begin physical construction at the USTfacility 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 contractualobligations—which cannot be canceled or modified without substantial loss—forphysical construction at the UST facility or installation of the UST systemto 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 andpersons withdrawing waste oil. Each UST facility is identified by a facilitycompliance tag. Except as otherwise provided in this chapter, it is unlawfulfor regulated substances to be delivered or deposited into an UST system, orwithdrawn from a waste oil UST system, at a UST facility without a valid andproperly 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 fishhatcheries, rangeland, and nurseries with growing operations. It does notinclude laboratories where animals are raised, land used to grow timber,pesticide aviation operations, retail stores or garden centers where nurseryproducts are marketed but not grown, cemeteries, golf courses, or otherfacilities dedicated primarily to recreation or aesthetics, or othernonagricultural activities.
(26) "Field-constructed tank"  means an underground 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 thefield, or a steel or fiberglass tank primarily fabricated in the field.
(27) "Flow-through process 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 theprocess. Flow-through process tanks do not include tanks used for the storageof 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 product"  means the term as defined in WAC 173-340-200.
(29) "Gathering lines"  means any pipeline, equipment, facility, or
building used in the transportation of oil or gas during oil or gasproduction or gathering operations.
(30) "Groundwater"  means the term as defined in WAC 173-340-200.
(31) "Hazardous substance"  means any substance defined in section
101(14) of the Comprehensive Environmental Response, Compensation, andLiability 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
Waste Disposal Act (42 U.S.C. Sec. 6921 through 6939e) or any mixture of suchhazardous 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, andhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
24 of 151 2/26/2018, 1:48 PMwhich 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 tooperate 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 outerwalls of a tank or pipe).
(37) "License"  means the business license underground 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 forsubsequent 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, aviationgasoline, 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 commencedafter December 22, 1988. (See also "existing tank system.")
(42) "Noncommercial 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 permanentlyclosed or undergoes 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 immediatelybefore 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, the "owner" shall be the person who owns the property where the USTsystem is located. The term "owner" does not include any person who holdsindicia of ownership primarily to protect the person's security interest inthe UST system or the UST facility or property where the UST system islocated. 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 orhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
25 of 151 2/26/2018, 1:48 PMpermanently 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 waspermanently 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, commercialentity, state, municipality, commission, political subdivision of a state,interstate body, federal government, or agency of the federal government.
(48) "Petroleum"  means crude oil or any fraction thereof that is liquid
at standard conditions of temperature and pressure (sixty degrees Fahrenheitand 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 notliquid at standard conditions of temperature and pressure.
(49) "Petroleum UST system"  means an UST system that contains petroleum
or a mixture of petroleum with de minimis quantities of other regulatedsubstances. Such systems include those containing motor fuels, jet fuels,distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, andused 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, orbuildings.
(52) "Piping run"  means all underground piping connecting an individual
submersible pump or suction stub to an associated dispenser system or otherend-use equipment.
(53) "Previously deferred UST system"  means an UST system with field-
constructed tanks or an airport hydrant fuel distribution system.
(54) "Product deliverer"  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 ordiodes. 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 productdelivery or waste oil withdrawal. The tag or device is tamper resistant andis easily visible to the product deliverer and persons withdrawing waste oil.The tag or device clearly states and conveys, as applicable, that it isunlawful for regulated substances to be delivered or deposited into an USTsystem 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,
discharging, escaping, leaching, or disposing of regulated substances from anUST system into the environment.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
26 of 151 2/26/2018, 1:48 PM(59) "Release detection " means determining whether a release of a
regulated substance has occurred from the UST system into the environment ora leak has occurred into the interstitial space between the UST system andits secondary containment.
(60) "Remedial action"  means the term as defined in WAC 173-340-200.
(61) "Repair"  means to restore to proper operating condition a tank,
pipe, spill prevention equipment, overfill prevention equipment, corrosionprotection equipment, release detection equipment, containment sump, or otherUST system component that has caused a release of a regulated substance fromthe UST system or has failed to function properly.
(62) "Residential UST system"  means an UST system located on property
used primarily for dwelling purposes. Such properties do not includedormitories, convents, mobile parks, apartments, hotels and similarfacilities, 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 aninterstitial space capable of being monitored for leaks. This term includescontainment 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 biologicaldigestion, the sewage discharged from a building sewer. The effluent fromsuch 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 provider"  means an individual who is certified to perform
or directly supervise the performance of UST system services under WAC173-360A-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 regulatedsubstances from the system into the environment and whether a release maypose 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 flowof surface water run-off resulting from precipitation, or domestic,commercial, or industrial wastewater to and from retention areas or any areaswhere treatment is designated to occur. The collection of stormwater andwastewater 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 itmay 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, undergo 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 regulatedsubstances into the environment or an intrusion of groundwater into an USTsystem.
(73) "Under-dispenser containment"  or "UDC" means containment underneathhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
27 of 151 2/26/2018, 1:48 PMa dispenser system designed to prevent leaks from the dispenser and piping
within or above the UDC from reaching the environment.
(74) "Underground storage tank"  or "UST" means any one tank or
combination of tanks (including underground pipes connected thereto) that isused to contain an accumulation of regulated substances, and the volume of
which (including the volume of underground pipes connected thereto) is ten
percent or more beneath the ground surface or otherwise covered by earthenmaterials.
(75) "Upgrade"  means the addition or retrofit of an UST system
component, such as corrosion protection equipment, release detectionequipment, or spill and overfill prevention equipment, to improve the abilityof 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 underground storage tank,
connected underground piping, underground ancillary equipment, andcontainment system, if any.
(78) "UST system component"  means a component of an UST system,
including any underground storage tanks, connected underground piping,underground 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 WAC 173-360A-0920.
(80) "Wastewater treatment 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 theapplication of the provision to other persons or circumstances is not
affected.
PART 2
ADMINISTRATION AND ENFORCEMENT
NEW SECTION
WAC 173-360A-0200 Licensing of UST systems.
(1) Requirement for a license.  An owner or operator shall maintain a
license for each tank until the UST system has undergone permanent closure ora change-in-service. Without the prior written authorization of thedepartment, an UST system may not be operated without a license for eachtank. Possession of a license does not preclude enforcement against ownershttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
28 of 151 2/26/2018, 1:48 PMand 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 andchapter 
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) To apply for a license, an owner or operator must submit the
following to the department of revenue:
(i) Business license application;(ii) Underground 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 (WAC 173-360A-0210) and any other applicable fees
identified by the department of revenue (WAC 458-02-200(2)); and
(v) When applying upon installation of an UST system or a tank, the
documentation required under WAC 173-360A-0300 (5)(a).
(c) Applications for UST systems located at different 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 thedepartment of revenue in accordance with WAC 173-360A-1045 (1)(b) and (c).Licenses will not be renewed and may be revoked without proof of financialresponsibility.
(5) Notification of changes in owners or operators that are 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 withinthirty 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; and(ii) Annual tank fees (WAC 173-360A-0210) and any other applicable fees
identified by the department of revenue (WAC 458-02-200(2)).
(b) If a license is not renewed by the expiration date, the department
of revenue may assess a delinquency fee (WAC 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 where the tanks are located (RCW 
90.76.020 (4) and
WAC 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 orchapter 
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.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
29 of 151 2/26/2018, 1:48 PM(1) Payment.  Annually, the owner of an UST system shall pay the
following fees for each tank until the system has undergone permanent closureor 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 WAC
173-360A-0130(6).
(2) Disposition.  State and local tank fees collected under this section
shall 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 afinding by the department that a fee increase is necessary, the departmentmay increase the state tank fee up to the fiscal growth factor for the nextyear. The fiscal growth factor is calculated by the office of financial
management under RCW 
43.135.025 . The department shall publish the new fee by
March 1st before the year for which the new fee is effective. The new fee iseffective from July 1st to June 30th of every year.
(4) Preemption of local tank fees.  Except as provided under WAC
173-360A-0130(6), no local government may levy an annual tank fee on theownership or operation of an underground storage tank.
NEW SECTION
WAC 173-360A-0220 Facility compliance tags.
(1) Requirement for tag.  Without the prior written authorization of the
department, regulated substance may not be delivered or deposited into an USTsystem, or withdrawn from a waste oil UST system, at a UST facility without avalid 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 andchapter 
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 WAC 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 andpersons 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 chapteror 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 closure of facility.  Within thirty days of the
temporary closure all UST systems at a UST facility, owners and operatorsmust return the facility compliance tag to the department if the systems willbe closed for more than ninety days. The department will reissue a facilitycompliance tag for the UST facility in accordance with WAC 173-360A-0800(5)(c).
(7) Return upon permanent closure 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.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
30 of 151 2/26/2018, 1:48 PMNEW SECTION
WAC 173-360A-0230 Reporting requirements.
(1) Licensing of UST systems.  An owner or operator shall apply for and
renew licenses for UST systems and provide notice of any change in the owneror operator of an UST system in accordance with WAC 173-360A-0200.
(2) Changes to UST systems.  Owners and operators shall notify the
department of the following changes in the status of an UST system inaccordance with the applicable requirements of this chapter:
(a) Intent to install an UST system or a tank or piping run (WAC
173-360A-0300(1));
(b) Change in the regulated substance stored in an UST system and, if
applicable, demonstration of compatibility (WAC 173-360A-0410);
(c) Change in the release detection method used for a tank or pipe (WAC
173-360A-0600(4));
(d) Temporary closure of an UST system (WAC 173-360A-0800(1));(e) Emptying of a temporarily closed UST system (WAC 173-360A-0800(2));(f) Return to operation of a temporarily closed UST system (WAC
173-360A-0800 (5)(b)(ii));
(g) Intent to permanently close an UST system or a tank or piping run
(WAC 173-360A-0810(1));
(h) Permanent closure of a partially exempt UST system (WAC 173-360A-
0810(5));
(i) Intent to undertake a change-in-service of an UST system (WAC
173-360A-0820(1)); and
(j) Change-in-service of a partially exempt UST system (WAC 173-360A-
0820(5)).
(3) UST system services.  Owners and operators shall 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 (WAC 173-360A-
0300);
(b) Assessments of corrosion potential (WAC 173-360A-0310 (3)(c));(c) Upgrades of existing UST systems (WAC 173-360A-0320);(d) Upgrades of previously deferred UST systems (WAC 173-360A-0330);(e) Tests of cathodic protection systems (WAC 173-360A-0430(2));(f) Internal inspections of lined tanks (WAC 173-360A-0440);
(g) Tightness tests of containment sumps used for interstitial
monitoring of piping (WAC 173-360A-0450);
(h) Tightness tests of spill prevention equipment (WAC 173-360A-0460);(i) Inspections of overfill prevention equipment (WAC 173-360A-0470);(j) Tests of electronic or mechanical release detection equipment (WAC
173-360A-0480);
(k) Repairs of UST system components (WAC 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) Tightness tests of tanks (WAC 173-360A-0635);
(n) Tightness tests of piping (WAC 173-360A-0650);(o) Site evaluations for vapor or groundwater monitoring systems (WAC
173-360A-0660(2) or 173-360A-0665(2));
(p) Site assessments, including site checks (WAC 173-360A-0730);(q) Decommissioning of UST systems, or tanks or piping runs that are
part of an UST system, upon permanent closure (WAC 173-360A-0810(2)); and
(r) Decommissioning of UST systems upon a change-in-service (WAChttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
31 of 151 2/26/2018, 1:48 PM173-360A-0820(2)).
(4) Releases from UST systems.  Owners and operators shall notify the
department of the following in accordance with the applicable requirements ofthis chapter:
(a) All suspected releases (WAC 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 upwithin twenty-four hours (WAC 173-360A-0740); and
(c) All confirmed releases that may pose a threat to human health or the
environment (WAC 173-360A-0750(1)).
(5) Cleanups of releases from UST systems.  Owners and operators shall
report remedial actions to the department in accordance with chapter 173-340WAC or as otherwise directed by the department under chapter 
90.48 RCW (WAC
173-360A-0750(4)).
(6) Financial responsibility for UST systems.
(a) Owners or operators shall demonstrate compliance with financial
responsibility requirements in accordance with WAC 173-360A-1045(1) and173-360A-0200 (3) and (4).
(b) Owners or operators shall submit financial responsibility records in
accordance with WAC 173-360A-1045 (2) and (3) and 173-360A-0750(3).
(7) Requirements for sellers and lessors.
(a) Any person who sells a tank shall notify the new owner of the
licensing requirements in WAC 173-360A-0200.
(b) Any person who leases a tank shall notify the new operator of the
licensing requirements in WAC 173-360A-0200.
(8) Requirements for service providers.  Service providers shall:
(a) Document the UST system services specified in subsection (3) of this
section in accordance with the applicable requirements of this chapter (WAC173-360A-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 therequirements of this chapter in accordance with WAC 173-360A-0940(5); and
(c) Report confirmed releases from UST systems to owners and operators
and to the department in accordance with WAC 173-360A-0940(6).
(9) Requirements for product deliverers and waste oil collectors.
Product deliverers and waste oil collectors shall report any spill oroverfill of regulated substances to the owner or operator in accordance withWAC 173-360A-0405(4).
NEW SECTION
WAC 173-360A-0240 Recordkeeping requirements.
(1) Records.  Owners and operators shall maintain records of the
following in accordance with the applicable requirements of this chapter:
(a) Installations of UST systems and UST system components (WAC
173-360A-0300);
(b) Assessments of corrosion potential (WAC 173-360A-0310 (3)(c));(c) Upgrades of existing UST systems (WAC 173-360A-0320);(d) Upgrades of previously deferred UST systems (WAC 173-360A-0330);(e) Compatibility of UST system components (WAC 173-360A-0350);
(f) Periodic walkthrough inspections (WAC 173-360A-0420);
(g) Tests of cathodic protection systems (WAC 173-360A-0430(2));http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
32 of 151 2/26/2018, 1:48 PM(h) Rectifier inspections (WAC 173-360A-0430(3));
(i) Internal inspections of lined tanks (WAC 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 (WAC 173-360A-0460);
(l) Inspections of overfill prevention equipment (WAC 173-360A-0470);(m) Operation and maintenance, including tests, of release detection
equipment (WAC 173-360A-0480);
(n) Repairs of UST system components (WAC 173-360A-0490);(o) Tightness 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 (WAC 173-360A-0545);(q) Currently designated operators and training (WAC 173-360A-0560);
(r) Compliance with release detection requirements (WAC 173-360A-0600);
(s) Site assessments, including site checks (WAC 173-360A-0730);(t) Investigation and cleanup of confirmed releases (WAC 173-360A-
0750(4) and 173-340-850); and
(u) Compliance with financial responsibility requirements (WAC 173-360A-
1040).
(2) Retention of records.  Records must be maintained for the period
specified by the rules in effect at the time the records were created.
(3) Availability of records.  Owners and operators shall make all records
required under subsection (1) of this section readily available for
inspection upon request by the department.
(4) Transfer of records.  Owners and operators shall transfer all records
required under subsection (1) of this section to new owners and operators.
(5) Service providers.  Service providers shall 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, shall be consistent with and no lessstringent than the program required by 40 C.F.R. Sec. 281.40, as amended, andsection 9005 of the Solid Waste 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. Thedepartment 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 requiringthe person to appear before the department and give testimony or producedocuments. Any failure to obey the order of the court may be punished by thecourt 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 chapterhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
33 of 151 2/26/2018, 1:48 PMor in which records relevant to the operation of an UST system are kept. In
the event of an emergency or in circumstances where notice would underminethe effectiveness of an inspection, notice is not required. The authorizedrepresentative may copy records, obtain samples of regulated substances, andinspect or conduct monitoring or testing of an UST system.
(5) Owners and operators of UST systems shall cooperate fully with
inspections, monitoring, and testing conducted by the department, as well asrequests for document submission, testing, and monitoring by the owner oroperator under this section.
(6) For purposes of this section, the term "authorized representative"
or "authorized representative of the state" means an enforcement officer,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 shall be consistent with and no lessstringent than those required by 40 C.F.R. Sec. 281.43, as amended.
NEW SECTION
WAC 173-360A-0270 Enforcement.
(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 effectively a person from engaging in
unauthorized activity that results in a violation of any requirement of thischapter 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 WAC 173-360A-0250 or RCW 90.76.060 ;
(d) Prohibit the delivery, deposit, or acceptance of a regulated
substance to an UST system identified by the department to be ineligible forsuch delivery, deposit, or acceptance in accordance with WAC 173-360A-0280and chapter 
90.76 RCW; or
(e) Assess and recover civil penalties authorized under WAC
173-360A-0290 and RCW 90.76.080 .
(2) Procedures.  The department's enforcement procedures shall 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 Waste 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 withRCW 
43.21B.310 .
(4) Public participation.  The department's procedures for public
participation in the state enforcement process shall be consistent with andno less stringent than those required by 40 C.F.R. Sec. 281.42, as amended.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
34 of 151 2/26/2018, 1:48 PMThe department will not oppose intervention of right under Superior Court
Civil Rule 24(a)(2) in a civil enforcement action taken under this chapter orchapter 
90.76 RCW on the grounds that the person's interest is adequately
represented by the state.
NEW SECTION
WAC 173-360A-0280 Delivery prohibition.
(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 ofregulated substances to the system or the entire UST facility where thesystem is located.
(2) Procedures.  The department's procedures for enforcing delivery
prohibition shall 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) Affixing 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 notallow the withdrawal of, regulated substances from a waste oil UST systemsubject to delivery prohibition.
(6) Unauthorized removal of red tags.  No person may remove or alter a
red tag without the prior written authorization of the department. Theunauthorized removal or alteration of a red tag constitutes a violation ofthis 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 dayof 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 thepenalty as set out in RCW 
43.21B.300 . A person also may appeal a penaltyhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
35 of 151 2/26/2018, 1:48 PMdirectly to the pollution control hearings board in accordance with RCW
43.21B.300 .
PART 3
INSTALLATION AND PERFORMANCE STANDARDS
NEW SECTION
WAC 173-360A-0300 Installation of UST systems and components.
Owners and operators shall 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 ofan UST system, owners and operators shall notify the department as specifiedin this subsection.
(a) Except for emergency replacements identified under (b) of this
subsection, owners and operators shall notify the department of plannedinstallations at least thirty days, but no more than ninety days, before theplanned start date using the applicable form provided by the department.
Owners and operators shall also confirm the planned start date at least three
business days before starting installation.
(b) For emergency replacements, owners and operators shall notify the
department before starting the installation. A replacement constitutes anemergency 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 thisrequirement:
(i) American Petroleum Institute, Recommended Practice 1615,
"Installation of Underground Petroleum Storage System";
(ii) National Fire Protection Association, Standard 30, "Flammable and
Combustible Liquids Code," and Standard 30A, "Code for Motor Fuel DispensingFacilities and Repair Garages";
(iii) Petroleum Equipment Institute, Recommended Practice 100,
"Recommended Practices for Installation of Underground Liquid StorageSystems";
(iv) Petroleum Equipment Institute, Recommended Practice 1000,
"Recommended Practices for the Installation of Marina Fueling Systems";
(v) Petroleum Equipment Institute, Recommended Practice 1400,
"Recommended Practices for the Design and Installation of Fueling Systems forhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
36 of 151 2/26/2018, 1:48 PMEmergency Generators, Stationary Diesel Engines and Oil Burner Systems"; or
(vi) For previously deferred UST systems, military construction
criteria, such as U.S. Department of Defense, Unified Facilities Criteria3-460-01, "Design: Petroleum Fuel Facilities."
(3) Standards.  The installed UST system or UST system component must
meet the performance standards in WAC 173-360A-0310 or 173-360A-0340, as
applicable.
(4) Used tanks.  After (effective date of rule), used tanks may not be
installed as part of an UST system.
(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 WAC173-360A-0200(3). The following documentation must be included with theapplication:
(i) Certification of installation, completed by the service provider;
(ii) Manufacturer's installation checklist, completed by the service
provider;
(iii) If required under WAC 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 sufficient clarity; and
(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 daysusing the applicable checklist provided by the department. Service providersmust complete the checklist.
(6) Recordkeeping.  Records of installations completed after (effective
date of rule) must be maintained until the UST system is permanently closed
or undergoes a change-in-service.
NEW SECTION
WAC 173-360A-0310 Performance standards for new UST systems and
components.
Except as provided under WAC 173-360A-0330, owners and operators shall
ensure new UST systems and UST system components meet the performancestandards 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 WAC 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:http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
37 of 151 2/26/2018, 1:48 PM(A) Steel Tank Institute, Specification STI-P3®, "Specification and
Manual for External Corrosion Protection of Underground Steel Storage Tanks";
(B) Steel Tank Institute, Standard F841, "Standard for Dual Wall
Underground Steel Storage Tanks";
(C) Underwriters Laboratories, Standard 1746, "Standard for External
Corrosion Protection Systems for Steel Underground Storage Tanks";
(D) Underwriters Laboratories of Canada, Standard S603, "Standard for
Steel Underground Tanks for Flammable and Combustible Liquids," StandardS603.1, "Standard for External Corrosion Protection Systems for SteelUnderground Tanks for Flammable and Combustible Liquids," and Standard S631,"Standard for Isolating Bushings for Steel Underground Tanks Protected withExternal Corrosion Protection Systems"; or
(E) National Association of Corrosion Engineers International, Standard
Practice 0285, "External Corrosion of Underground Storage Tank Systems by
Cathodic Protection," and Underwriters Laboratories, Standard 58, "Standard
for Steel Underground Tanks 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 accordancewith the following:
(i) The compatibility requirements in WAC 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 Underground Storage Tanks";
(B) Steel Tank Institute, Specification F894, "ACT-100® Specification
for External Corrosion Protection of FRP Composite Steel Underground StorageTanks";
(C) Steel Tank Institute, Specification F961, "ACT-100U® Specification
for External Corrosion Protection of Composite Steel Underground StorageTanks"; or
(D) Steel Tank Institute, Specification F922, "Steel Tank Institute
Specification for Permatank®."
(c) Fiberglass-reinforced plastic.  Tanks made of fiberglass-reinforced
plastic must be designed and constructed in accordance with the following:
(i) The compatibility requirements in WAC 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 Underground Storage Tanks for Petroleum Products, Alcohols, andAlcohol-Gasoline Mixtures"; or
(B) Underwriters Laboratories of Canada, Standard S615, "Standard for
Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids."
(d) Other materials.  Tanks made of materials other than those specified
in (a) through (c) of this subsection must be designed and constructed inaccordance with the following:
(i) The compatibility requirements in WAC 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 ofhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
38 of 151 2/26/2018, 1:48 PMhuman 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 WAC 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 Underground Petroleum Storage Tanks and Piping Systems";
(B) Underwriters Laboratories, Standard 971A, "Outline of Investigation
for Metallic Underground Fuel Pipe";
(C) Steel Tank Institute, Recommended Practice R892, "Recommended
Practice for Corrosion Protection of Underground Piping Networks Associatedwith Liquid Storage and Dispensing Systems";
(D) National Association of Corrosion Engineers International, Standard
Practice 0169, "Control of External Corrosion on Underground or SubmergedMetallic Piping Systems"; or
(E) National Association of Corrosion Engineers International, Standard
Practice 0285, "External Corrosion Control of Underground Storage TankSystems by Cathodic Protection."
(b) Noncorrodible.  Piping made of a noncorrodible material must be
designed and constructed in accordance with the following:
(i) The compatibility requirements in WAC 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 Underground
Piping for Flammable Liquids"; or
(B) Underwriters Laboratories of Canada, Standard S660, "Standard for
Nonmetallic Underground 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 inaccordance with the following:
(i) The compatibility requirements in WAC 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 ofhuman health and the environment than specified in (a) and (b) of thissubsection.
(3) Cathodic protection 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 accordancewith the requirements in (c) of this subsection:
(i) Any portion of a metal tank that is underground and routinely
contains regulated substances; andhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
39 of 151 2/26/2018, 1:48 PM(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 WAC 173-360A-0430,including testing and rectifier inspections.
(c) Noncorrosive environment. Metal tanks and piping do not need to be
cathodically protected if:
(i) Before installation and every five years thereafter:
(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 arelease 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 theircertification 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 WAC 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 theassessment; 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 undergoes 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,http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
40 of 151 2/26/2018, 1:48 PMincluding suction piping meeting the standards in WAC 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 pipingmeeting 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 interstitialmonitoring 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 designedand constructed to:
(A) Meet the compatibility requirements in WAC 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 placedwithin the sump where they are able to detect any leak of regulatedsubstances.
(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 underground pipingconnected 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 WAC 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 (effective date of rule), factory-
built or machine-tooled, unless otherwise approved by the department.
(7) Spill prevention equipment.
(a) Applicability.  To prevent spilling associated with product
transfers, UST systems filled by transfers of more than twenty-five gallonsat 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 WAC 173-360A-0350;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
41 of 151 2/26/2018, 1:48 PM(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 prevention 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 WAC 173-360A-0350; and(ii) Do one of the following:
(A) Automatically shut off 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 ahigh-level audible alarm; or
(C) Automatically restrict flow into the tank thirty minutes before
overfilling, automatically alert the product deliverer with a high levelaudible alarm one minute before overfilling, or automatically shut off flowinto 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 restrictors.  Flow restrictors used in vent lines
may not be used to comply with the requirements of this subsection whenoverfill prevention equipment is installed, replaced, or repaired after(effective date of rule).
(9) Release detection equipment.  Release detection equipment must meet
the performance standards in Part 6 of this chapter.
(10) Codes of practice for previously deferred 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, UnifiedFacilities Criteria 3-460-01, "Design: Petroleum Fuel Facilities."
NEW SECTION
WAC 173-360A-0320 Upgrade requirements 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 WAC173-360A-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 sectionand an upgrade is determined to be appropriate by the department. Thissection does not apply to previously deferred UST systems.
(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 withPart 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 thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
42 of 151 2/26/2018, 1:48 PMdepartment. The checklist must be completed by the service provider.
(c) Records of upgrades completed after (effective date of rule) must be
maintained until the UST system is permanently closed or undergoes a change-in-service.
(2) Upgrades.
(a) Corrosion protection 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 WAC 173-360A-0490; and(B) Within ten years after lining, and every five years thereafter, the
lined tank is internally inspected in accordance with WAC 173-360A-0440 andfound to be structurally sound with the lining still performing in accordancewith original design specifications, unless cathodic protection is alsoinstalled 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 witha code of practice, then the lined tank must be permanently closed inaccordance with WAC 173-360A-0810.
(ii) Cathodic protection.  A tank may be upgraded by cathodic protection
if the cathodic protection system meets the requirements in WAC 173-360A-0310(3)(b)(ii) and (iii) and the integrity of the tank is ensured using one ofthe 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 WAC173-360A-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 teststhat meet the requirements in WAC 173-360A-0635. The first tightness testmust 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 lessprotective of human health and the environment than (a)(ii)(A) through (C) ofthis subsection.
(iii) Internal lining combined with cathodic protection.  A tank may be
upgraded by both internal lining and cathodic protection if:
(A) The lining is installed in accordance with WAC 173-360A-0490; and
(B) The cathodic protection system is installed within ten years of the
tank being lined and meets the requirements in WAC 173-360A-0310 (3)(b)(ii)and (iii).
(b) Corrosion protection 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 Underground Storage Tanks";
(ii) National Leak Prevention Association, Standard 631, "Spill
Prevention, Minimum 10 Year Life Extension of Existing Steel UndergroundTanks 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, orhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
43 of 151 2/26/2018, 1:48 PMSubmerged Liquid Storage Systems";
(iv) American Petroleum Institute, Recommended Practice 1632, "Cathodic
Protection of Underground Petroleum Storage Tanks and Piping Systems"; or
(v) Steel Tank Institute, Publication F894-91, "Specifications for
External Corrosion Protection FRP Composite Underground Steel Storage Tanks."
(c) Corrosion protection of metal piping.  Metal piping routinely
containing regulated substances and in contact with the ground must becathodically protected in accordance with a code of practice and meet therequirements of WAC 173-360A-0310 (3)(b)(ii) and (iii). The codes of practicelisted in WAC 173-360A-0310 (2)(a)(iv) may be used to meet this requirement.
(d) Secondary containment of tanks and piping.  Tanks and piping that are
part of a hazardous substance UST system must meet the secondary containmentrequirements in WAC 173-360A-0310 (4) and (5).
(e) Spill and overfill prevention equipment.  UST systems filled by
transfers of more than twenty-five gallons at one time must meet the spill
and overfill prevention requirements in WAC 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 WAC 173-360A-0350.
NEW SECTION
WAC 173-360A-0330 Upgrade requirements for previously deferred UST
systems.
By (three years after effective date of rule), owners and operators
shall ensure previously deferred UST systems installed on or before(effective date of rule) meet the performance standards for new UST systemsin WAC 173-360A-0310, meet the upgrade requirements in this section, or arepermanently closed in accordance with WAC 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 thedepartment. The checklist must be completed by the service provider.
(c) Records of upgrades must be maintained until the UST system is
permanently closed or undergoes a change-in-service.
(2) Upgrades.
(a) Corrosion protection 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 WAC
173-360A-0310 (3)(b)(ii) and (iii); and
(B) Tanks more than ten years old must be assessed to ensure they are
structurally sound and free of corrosion holes before a cathodic protectionsystem 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 Underground Storage Tank Systems byhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
44 of 151 2/26/2018, 1:48 PMCathodic Protection";
(B) National Association of Corrosion Engineers International, Standard
Practice 0169, "Control of External Corrosion on Underground or SubmergedMetallic Piping Systems";
(C) National Leak Prevention Association, Standard 631, Chapter C,
"Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection"; or
(D) American Society for Testing and Materials, Standard G158, "Standard
Guide for Three Methods of Assessing Buried Steel Tanks."
(b) Spill and overfill prevention equipment.  UST systems filled by
transfers of more than twenty-five gallons at one time must meet the spilland overfill prevention requirements in WAC 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 WAC 173-360A-0350.
NEW SECTION
WAC 173-360A-0340 Performance standards for partially exempt UST
systems.
Owners and operators shall ensure partially exempt UST systems
identified in WAC 173-360A-0110 (2)(a)(i) through (iii) meet the performancestandards of this section. This section does not apply to aboveground storagetanks associated with previously deferred UST systems and any partially
exempt UST systems for which installation commenced on or before December 22,
1988.
(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, determinedby a corrosion expert to be located within a noncorrosive environment underWAC 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 WAC 173-360A-0310 for new UST
systems and the following codes of practice may be used as guidance forcomplying with this section:
(a) National Association of Corrosion Engineers International, Standard
Practice 0285, "External Corrosion Control of Underground Storage TankSystems by Cathodic Protection";
(b) National Association of Corrosion Engineers International, Standard
Practice 0169, "Control of External Corrosion on Underground or SubmergedMetallic Piping Systems";
(c) American Petroleum Institute, Recommended Practice 1632, "Cathodic
Protection of Underground Petroleum Storage Tanks and Piping Systems"; or
(d) Steel Tank Institute, Recommended Practice R892, "Recommended
Practice for Corrosion Protection of Underground Piping Networks Associatedwith Liquid Storage and Dispensing Systems."http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
45 of 151 2/26/2018, 1:48 PMNEW SECTION
WAC 173-360A-0350 Compatibility requirements for UST systems.
(1) Performance standard for all UST systems.  Owners and operators shall
ensure that all UST system components are made of or lined with materialsthat 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 greaterthan ten percent ethanol or twenty percent biodiesel, or any other regulatedsubstances identified by the department shall also comply with therequirements of this subsection.
(a) Options.  Owners and operators shall 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 oneof the following options:
(A) Certification or listing of equipment or components by a nationally
recognized, independent testing laboratory for use with the regulatedsubstance stored; or
(B) Approval by the equipment or component manufacturer. The
manufacturer's approval must be in writing, indicate an affirmative statementof compatibility, and specify the hazardous substances or range of biofuelblends 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 shall notify the department and report
compliance with (a) of this subsection in accordance with WAC 173-360A-
0410(1).
(c) Recordkeeping.  Owners and operators shall maintain all records
documenting compliance with (a) of this subsection until the UST system ispermanently closed or undergoes a change-in-service.
(3) Guidance.  The following code of practice may be used as guidance for
complying with this section: American Petroleum Institute, RecommendedPractice 1626, "Storing and Handling Ethanol and Gasoline-Ethanol Blends atDistribution Terminals and Filling Stations."
PART 4
OPERATION AND MAINTENANCE
NEW SECTION
WAC 173-360A-0400 Transfer of regulated substances —Owners and operators.
Owners and operators shall ensure delivery of regulated substances to
UST systems and withdrawal of regulated substances from waste oil UST systemsare authorized and do not result in spills or overfills.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
46 of 151 2/26/2018, 1:48 PM(1) Authority to deliver or deposit.  Without the prior written
authorization of the department, owners and operators may not accept thedelivery 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 (WAC 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 WAC 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 WAC 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 (WAC 173-360A-0200(1));
(b) A valid facility compliance tag is not properly displayed at the UST
facility where the UST system is located (WAC 173-360A-0220(1) and 173-360A-0280(5)); or
(c) A red tag is attached to the fill pipe of the UST system (WAC
173-360A-0280(5)).
(3) Spill and overfill control.  To prevent spills and overfills during
the transfer of regulated substances into an UST system, owners and operators
shall 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
Tank Vehicles for Flammable and Combustible Liquids";
(ii) American Petroleum Institute, Recommended Practice 1007, "Loading
and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles"; or
(iii) American Petroleum Institute, Recommended Practice 1621, "Bulk
Liquid Stock Control at Retail Outlets."
(4) Reporting spills and overfills.  Owners and operators shall report,
investigate, and clean up any spill or overfill of regulated substances inaccordance with WAC 173-360A-0740.
NEW SECTION
WAC 173-360A-0405 Transfer of regulated substances —Product deliverers
and waste oil collectors.
Product deliverers shall ensure delivery of regulated substances to UST
systems are authorized and do not result in spills or overfills. Waste oil
collectors shall ensure withdrawals of regulated substances from waste oilUST systems are authorized.
(1) Authority to deliver or deposit.  Without the prior written
authorization of the department, a product deliverer may not deliver ordeposit regulated substances into an UST system if:http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
47 of 151 2/26/2018, 1:48 PM(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 WAC 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 WAC 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 ofwhether a facility compliance tag is properly displayed at the UST facility.
(2) Authority to withdraw waste oil.  Without the prior written
authorization of the department, persons may not withdraw regulatedsubstances 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 (WAC 173-360A-0220(1) and 173-360A-0280(5)); or
(b) A red tag is attached to the fill pipe of the UST system (WAC
173-360A-0280(5)).
(3) Spill and overfill control.  To prevent spills and overfills during
the transfer of regulated substances into an UST system, product deliverersshall comply with the requirements in WAC 173-360A-0400(3).
(4) Reporting spills and overfills.  Product deliverers and waste oil
collectors shall report any spill or overfill of regulated substances,including into spill prevention equipment, immediately to the owner oroperator.
NEW SECTION
WAC 173-360A-0410 Changes in regulated substances.
Owners and operators shall notify the department of any changes in the
regulated substances stored in an UST system and document compatibility inaccordance 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, orany other regulated substance identified by the department, owners and
operators shall notify the department and report compliance with the
compatibility requirements in WAC 173-360A-0350(2) at least thirty daysbefore making the change using the applicable form provided by thedepartment.
(2) When changing to any other regulated substance, owners and operators
shall notify the department within thirty days after making the change usingthe applicable form provided by the department.
NEW SECTION
WAC 173-360A-0420 Operation and maintenance walkthrough inspections.
Owners and operators shall comply with the walkthrough inspection
requirements of this section to ensure UST systems are properly operated andmaintained.
(1) Inspections.  Operation and maintenance walkthrough inspections must
be performed in accordance with the following requirements or a code ofpractice that provides for comparable inspections. The following code ofpractice may be used to meet this requirement: Petroleum Equipment Institute,http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
48 of 151 2/26/2018, 1:48 PMRecommended 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 prevention equipment.  Inspections of spill prevention
equipment must include:
(A) Visually 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) Visually checking the containment sumps for damage, leaks to the
containment area, or releases to the environment;
(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 release 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 beinspected at least every thirty days, if confined spaced entry is notrequired under 29 C.F.R. Part 1910 according to the Occupational Safety andHealth Administration, or at least annually if confined spaced entry isrequired.
(i) Hydrant pits.  Inspections of hydrant pits must include:
(A) Visually 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 WAC 173-360A-0490 or replaced inaccordance with WAC 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 beincluded in the checklist:
(a) A list of each UST system component inspected;(b) For each component inspected, whether the component needed actionhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
49 of 151 2/26/2018, 1:48 PMtaken 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 thisrequirement.
(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 (effective date of rule), upon
installation; and
(b) For UST systems installed on or before (effective date of rule), by
(one year after effective date of rule).
NEW SECTION
WAC 173-360A-0430 Operation and maintenance of corrosion protection.
Owners and operators of UST systems with corrosion protection shall
comply with the requirements of this section to ensure the equipment isoperating properly and will prevent releases to the environment due tocorrosion until the UST system is permanently closed or undergoes a change-in-service.
(1) Corrosion protection 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 routinelycontain regulated substances and are in contact with the ground.
(2) Testing of cathodic protection systems.  Upon installation or repair,
between one and six months after installation or repair, and every threeyears thereafter, cathodic protection systems must be tested as follows toensure 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, Test
Method TM0101, "Measurement Techniques Related to Criteria for CathodicProtection of Underground Storage Tank Systems";
(B) National Association of Corrosion Engineers International, Test
Method TM0497, "Measurement Techniques Related to Criteria for CathodicProtection on Underground or Submerged Metallic Piping Systems";
(C) Steel Tank Institute, Recommended Practice R051, "Cathodic
Protection Testing Procedures for STI–P3R USTs";
(D) National Association of Corrosion Engineers International, Standard
Practice 0285, "External Control of Underground Storage Tank Systems byCathodic Protection"; or
(E) National Association of Corrosion Engineers International, Standard
Practice 0169, "Control of External Corrosion on Underground or SubmergedMetallic Piping Systems."
(b) Repairs.  If a cathodic protection system is not operating properly:
(i) A corrosion expert must be notified within twenty-four hours; andhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
50 of 151 2/26/2018, 1:48 PM(ii) The cathodic protection system must be repaired in accordance with
WAC 173-360A-0490 or replaced in accordance with WAC 173-360A-0300, asspecified by the 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 impressed current cathodic protection systems.  At
least every sixty days, impressed current cathodic protection systems must beinspected to ensure the rectifier is on and the equipment is operatingproperly.
(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 cathodicprotection system:
(i) A corrosion expert must be notified within twenty-four hours; and(ii) The cathodic protection system must be repaired in accordance with
WAC 173-360A-0490 or replaced in accordance with WAC 173-360A-0300, asspecified by the 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) shall 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 thetanks remain structurally sound and the linings are still performing inaccordance with the original design specifications. Internal inspections mustbe 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 Underground Storage Tanks";
(ii) National Leak Prevention Association, Standard 631, Chapter B,
"Future Internal Inspection Requirements for Lined Tanks"; or
(iii) Ken Wilcox Associates, Recommended Practice, "Recommended Practice
for Inspecting Buried Lined Steel Tanks Using a Video Camera."
(2) Repairs.
(a) Following invasive internal inspections, tanks must be repaired and
tightness tested in accordance with WAC 173-360A-0490.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
51 of 151 2/26/2018, 1:48 PM(b) Lined tanks failing an internal inspection must be repaired and
tightness tested in accordance with WAC 173-360A-0490. Lined tanks thatcannot be repaired in accordance with a code of practice must be permanentlyclosed in accordance with WAC 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 service provider.
(4) Recordkeeping.  Records of internal inspections of lined tanks must
be maintained until the UST system is permanently closed or undergoes achange-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 shall comply with the requirements of thissection and the walkthrough inspection requirements in WAC 173-360A-0420 toensure the equipment is operating properly and will prevent releases to theenvironment.
(1) Periodic monitoring or testing.  Containment sumps used for
interstitial monitoring of piping must meet one of the followingrequirements:
(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
WAC 173-360A-0420 (1)(b)(i)(C). If monitoring is discontinued, thecontainment sump must be tightness tested in accordance with (b) of thissubsection 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 Practice1200, "Recommended Practices for the Testing and Verification of Spill,Overfill, Leak Detection and Secondary Containment Equipment at USTFacilities"; 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 withWAC 173-360A-0300.
(3) Reporting.  Tightness tests of containment sumps must be reported to
the department within thirty days using the applicable checklist provided bythe 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 periodicallyhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
52 of 151 2/26/2018, 1:48 PMmonitored.
(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 (effective date of rule), upon
installation; and
(b) For UST systems installed on or before (effective date of rule):(i) By (two years after effective date of rule), if the identification
number on the facility compliance tag for the UST facility where the systemis located is an even number; and
(ii) By (three years after effective date of rule), if the
identification number on the facility compliance tag for the UST facility
where the system is located is an odd number or if the UST facility does not
have a facility compliance tag.
NEW SECTION
WAC 173-360A-0460 Operation and maintenance of spill prevention
equipment.
Owners and operators of UST systems with spill prevention equipment
shall comply with the requirements of this section and the walkthroughinspection requirements in WAC 173-360A-0420 to ensure the equipment 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 regulatedsubstances if less frequent, as part of the walkthrough inspection in WAC173-360A-0420 (1)(a)(i)(E). If monitoring is discontinued, the equipment mustbe tightness tested in accordance with (b) of this subsection within thirtydays; 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 ofpractice may be used to meet this requirement: Petroleum Equipment Institute,Recommended Practice 1200, "Recommended Practices for the Testing andVerification 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 WAC 173-360A-0490 or replaced inaccordance with WAC 173-360A-0300.
(3) Reporting.  Tightness tests of spill prevention equipment must be
reported to the department within thirty days using the applicable checklistprovided by the department. The checklist must be completed by the serviceprovider.
(4) Recordkeeping.
(a) Records of periodic monitoring of spill prevention equipment must behttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
53 of 151 2/26/2018, 1:48 PMmaintained for at least three years. The records must demonstrate that the
equipment is double-walled and the integrity of both walls is periodicallymonitored.
(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 thefollowing dates:
(a) For UST systems installed after (effective date of rule), upon
installation; and
(b) For UST systems installed on or before (effective date of rule):(i) By (two years after effective date of rule), if the identification
number on the facility compliance tag for the UST facility where the systemis located is an even number; and
(ii) By (three years after effective date of rule), if the
identification number on the facility compliance tag for the UST facilitywhere the system is located is an odd number or if the UST facility does nothave a facility compliance tag.
NEW SECTION
WAC 173-360A-0470 Operation and maintenance of overfill prevention
equipment.
Owners and operators of UST systems with overfill prevention equipment
shall 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 at
least once every three years. At a minimum, the inspection must ensure thatthe equipment is set to activate at the applicable level specified in WAC173-360A-0310(8) and will activate when regulated substances reach thatlevel. 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 thisrequirement: Petroleum Equipment Institute, Recommended Practice 1200,"Recommended Practices for the Testing and Verification 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 WAC 173-360A-0490 or replaced inaccordance with WAC 173-360A-0300. Flow restrictors used in vent lines thatare not operating properly must be replaced with another type of overfill
prevention equipment (WAC 173-360A-0310 (8)(c)).
(3) Reporting.  Overfill prevention equipment inspections must be
reported to the department within thirty days using the applicable checklistprovided by the department. The checklist must be completed by the serviceprovider.
(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 (effective date of rule), uponhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
54 of 151 2/26/2018, 1:48 PMinstallation; and
(b) For UST systems installed on or before (effective date of rule):(i) By (two years after effective date of rule), if the identification
number on the facility compliance tag for the UST facility where the systemis located is an even number; and
(ii) By (three years after effective date of rule), if the
identification number on the facility compliance tag for the UST facilitywhere the system is located is an odd number or if the UST facility does nothave a facility compliance tag.
NEW SECTION
WAC 173-360A-0480 Operation and maintenance of release detection
equipment.
Owners and operators shall operate and maintain release detection
equipment in accordance with the requirements of this section and the
walkthrough inspection requirements in WAC 173-360A-0420 to ensure theequipment 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. Thefollowing code of practice may be used to meet this requirement: PetroleumEquipment Institute, Recommended Practice 1200, "Recommended Practices forthe Testing and Verification of Spill, Overfill, Leak Detection and SecondaryContainment 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: Test 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 kinksand breaks, and test alarm operability and communication with controller;
(iii) Automatic line leak detectors: Test operation to determine whether
the detectors meet the performance standards in WAC 173-360A-0640 bysimulating a leak from the entire piping run being monitored;
(iv) Vacuum 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 WAC173-360A-0490 or replaced in accordance with WAC 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:http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
55 of 151 2/26/2018, 1:48 PM(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 bemaintained for at least three years. Any schedules of required calibrationand maintenance provided by the equipment manufacturer must be maintained foras long as the equipment is used.
(6) Compliance date.  The testing of release detection equipment required
under this section must begin by the following dates:
(a) For UST systems installed after (effective date of rule), upon
installation; and
(b) For UST systems installed on or before (effective date of rule):
(i) By (two years after effective date of rule), if the identification
number on the facility compliance tag for the UST facility where the systemis located is an even number; and
(ii) By (three years after effective date of rule), if the
identification number on the facility compliance tag for the UST facilitywhere the system is located is an odd number or if the UST facility does nothave a facility compliance tag.
NEW SECTION
WAC 173-360A-0490 Repairs of UST system components.
Owners and operators shall ensure that UST system components that do not
meet applicable performance standards or upgrade requirements or that are notoperating properly are repaired or replaced. Owners and operators shallensure that repairs are performed in accordance with the requirements of thissection and will prevent releases due to structural failure or corrosion aslong as the UST system is used to store regulated substances.
(1) Performance of repairs.  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 thisrequirement:
(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 Underground Storage Tanks";
(iv) National Fire Protection Association, Standard 326, "Standard for
the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair";
(v) National Leak Prevention Association, Standard 631, Chapter A,
"Entry, Cleaning, Interior Inspection, Repair, and Lining of UndergroundStorage Tanks";
(vi) Steel Tank Institute, Recommended Practice R972, "Recommended
Practice for the Addition of Supplemental Anodes to STI–P3R Tanks";
(vii) National Association of Corrosion Engineers International,http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
56 of 151 2/26/2018, 1:48 PMStandard Practice 0285, "External Control of Underground Storage Tank Systems
by Cathodic Protection"; or
(viii) Fiberglass Tank and Pipe Institute, Recommended Practice T-95-02,
"Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground StorageTanks."
(2) Standards for repairs.  Repaired UST system components must meet the
applicable performance standards or upgrade requirements in Part 3 of thischapter.
(3) Replacement of metal piping and fittings.  Metal piping and fittings
that have released regulated substances due to corrosion or other damage mustbe replaced.
(4) Tests and inspections after repairs.  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 WAC 173-360A-0635 and 173-360A-0650 within thirty days of the
repair unless another test method is used that is determined by thedepartment to be no less protective of human health and the environment.Except as provided under (b) of this subsection, cathodic protection systemsof repaired tanks or piping must be tested as specified in WAC 173-360A-0430(2) within six months of the repair;
(b) Cathodic protection systems.  Repaired cathodic protection systems
must be tested as specified in WAC 173-360A-0430(2) at the time of the repairand between one and six months after the repair.
(c) Secondary containment areas of tanks and piping.  Repaired secondary
containment areas of tanks and piping used for interstitial monitoring mustbe 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:
(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 Tank Institute Recommended Practice R012, "Recommended
Practice for Interstitial Tightness Testing of Existing Underground DoubleWall Steel Tanks";
(II) Fiberglass Tank and Pipe Institute Protocol, "Field Test Protocol
for Testing the Annular Space of Installed Underground Fiberglass Double andTriple-Wall Tanks with Dry Annular Space"; or
(III) Petroleum Equipment Institute, Recommended Practice 1200,
"Recommended Practices for the Testing and Verification 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 theapplicable checklist provided by the department. The checklist must becompleted 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 WAC 173-360A-0450 within thirty days of therepair.
(e) Spill prevention equipment.  Repaired spill prevention equipment must
be tightness tested as specified in WAC 173-360A-0460 within thirty days ofhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
57 of 151 2/26/2018, 1:48 PMthe repair.
(f) Overfill prevention equipment.  Repaired overfill prevention
equipment must be inspected as specified in WAC 173-360A-0470 within thirtydays of the repair.
(g) Release detection equipment.  Repaired electronic or mechanical
release detection equipment must be tested as specified in WAC 173-360A-0480
within thirty days of the repair.
(5) Reporting repairs.  Repairs must be reported to the department within
thirty days using the applicable checklist provided by the department. Thechecklist must be completed by the service provider.
(6) Recordkeeping.  Records of repairs must be maintained until the UST
system is permanently closed or undergoes a change-in-service. Records oftests and inspections of repaired UST system components must be maintained inaccordance with the applicable requirements of this chapter.
PART 5
OPERATOR 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 byensuring that those individuals know how to properly operate and maintainthose systems and respond to any spills, overfills, leaks, or releases fromthose systems.
(2) Owners and operators of an UST system shall 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 temporaryclosure.
NEW SECTION
WAC 173-360A-0510 Designation of Class A, Class B, and Class C
operators.
UST system owners and operators shall designate individuals as Class A,
Class B, and Class C operators 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.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
58 of 151 2/26/2018, 1:48 PMNEW SECTION
WAC 173-360A-0520 Timing of operator training.
UST system owners and operators shall ensure that each Class A, Class B,
and Class C operator is trained in accordance with the requirements in WAC173-360A-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 Requirements for operator training.
UST system owners and operators shall ensure that each Class A, Class B,
and Class C operator is trained in accordance with the requirements of thissection. Any individual designated for more than one operator class mustsuccessfully complete the training required for each operator class that theindividual is designated. The training required under this section for ClassA 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 partyapproved 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;
(xv) Temporary closure, permanent closure, and change-in-service
requirements;
(xvi) Operator training requirements, including training of Class Chttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
59 of 151 2/26/2018, 1:48 PMoperators; 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 hasthe 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 thedepartment;
(b) Provides training on how to respond to emergencies and alarms,
including:
(i) Locating emergency response equipment;(ii) Operating any emergency shut-off 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 hasthe necessary knowledge and skills to meet the responsibilities of the class.
(3) Reciprocity for out-of-state training.  Class A and Class B operators
previously designated in another state or at a tribal UST facility shall bedeemed 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 WAC 173-360A-
0560(2) and the records identify the state where they were designated andtrained.
(4) Acceptance of prior in-state training.  Except as provided under WAC
173-360A-0540, retraining is not required when the training requirements in
this section are changed.
(5) Revision of existing training programs 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 (effective date ofthe rule) must be revised to reflect the changes to the training requirementsin subsection (1)(b) of this section. Revised training programs andexaminations must be submitted to the department for approval by (six monthsafter effective date of the rule). 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 requirements for Class A and Class B
operators.
UST system owners and operators shall ensure that Class A and Class B
operators are retrained, as applicable, in accordance with the requirementsof 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,http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
60 of 151 2/26/2018, 1:48 PMthe 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) Requirements.  Within sixty days of receipt of the department's
determination of noncompliance, Class A and Class B operators requiringretraining must successfully complete a training program or comparable
examination meeting the requirements in WAC 173-360A-0530(1) and submit a
copy of the certificate of completion to the department. At a minimum, theretraining must cover the areas determined to be out of compliance.
NEW SECTION
WAC 173-360A-0545 Operation and maintenance plans.
UST system owners and operators shall ensure that operation and
maintenance plans are developed and maintained, as applicable, in accordancewith 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 operationand maintenance plan for each UST system at the UST facility where thenoncompliant system is located. The department may require the development ofsuch a plan in place of or in addition to any retraining of Class A or ClassB operators required under WAC 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 changeshow 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 andmaintain 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 undergo a change-in-service.
NEW SECTION
WAC 173-360A-0550 Emergency response requirements.
(1) Presence of operators.  While a UST facility is manned, UST system
owners and operators shall ensure at least one of the individuals manning thefacility is a properly trained Class A, Class B, or Class C operator.
(2) Signage.  At each UST facility, UST system owners and operators shall
post and maintain signage providing emergency response information. Thesignage must:
(a) Be posted in prominent areas of the facility that are easily visible
to individuals who dispense or deliver regulated substances;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
61 of 151 2/26/2018, 1:48 PM(b) Identify the location of fire extinguishers and any emergency shut-
off devices at the facility; and
(c) Provide instructions on what to do in case of an emergency at the
facility. At a minimum, the instructions must include the following orequivalent wording:
(Name and address of facility)
IN CASE OF FIRE, SPILL OR RELEASE
(Insert if applicable: Use emergency shut off)
Call the fire department: (911 or local fire department telephone
number)
Call the facility operator: (24-hour telephone number)
NEW SECTION
WAC 173-360A-0560 Documentation and recordkeeping.
UST system owners and operators shall maintain records documenting all
currently designated Class A, Class B, and Class C operators at a USTfacility 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;(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 Coperators must include a certificate of completion. Certificates must includethe 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 release detection requirements.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
62 of 151 2/26/2018, 1:48 PMOwners and operators shall monitor tanks and underground piping for
leaks in accordance with the requirements of this part. This sectionspecifies general release detection requirements. WAC 173-360A-0610 and173-360A-0615 identify allowed release detection methods for monitoring tanksand piping. WAC 173-360A-0620 through 173-360A-0675 specify requirements for
each release detection method.
(1) Applicability.  The following tanks and underground 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 underground piping that routinely contains regulated substances.
However, underground piping conveying regulated substances under suction doesnot need to be monitored for leaks if the piping is designed and constructedto 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) Closure 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 underground piping must be
monitored for leaks using one of the applicable methods, or combination ofmethods, of release detection specified in WAC 173-360A-0610 and173-360A-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 shall notifythe 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 inwriting by the manufacturer, vendor, or installer; and
(b) The compatibility requirements in WAC 173-360A-0350.(6) Certification of methods or equipment.  Except for inventory control
(WAC 173-360A-0620) and weekly manual tank gauging (WAC 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 ascapable of meeting the performance standards specified for the releasedetection method in this part using a test procedure:
(a) Developed by the U.S. Environmental Protection Agency;(b) Developed by a nationally or internationally recognized association
or independent testing laboratory; 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 release 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; andhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
63 of 151 2/26/2018, 1:48 PM(c) Any conditions or limitations specified in the certifications
required under subsection (6) of this section, if applicable.
(8) Suspected releases.  When the results of release detection under this
part indicate a release may have occurred, the suspected release must bereported 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 actualleak rates or quantities less than the thresholds are allowable. No releaseis acceptable, and any indication that a release may have occurred should bereported 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 WAC 173-360A-0660 or
173-360A-0665 for using vapor monitoring or groundwater monitoring as arelease detection method. Site evaluations must be maintained for as long asthe 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 (WAC 173-360A-0635), line tightness
testing (WAC 173-360A-0650), and vapor monitoring using a tracer compound in
accordance with WAC 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 shall monitor tanks for leaks using the methods, or
combination of methods, of release detection specified in this section.
(1) Tanks requiring secondary containment.  Tanks requiring secondary
containment under WAC 173-360A-0310 (4)(a) must be monitored for leaks atleast every thirty days using interstitial monitoring (WAC 173-360A-0655).
(2) Tanks not requiring secondary containment.  Except as provided for
previously deferred UST systems under subsection (3) of this section, tanksnot requiring secondary containment under WAC 173-360A-0310 (4)(a) must bemonitored for leaks at least every thirty days (except as otherwise provided)using one of the following methods, or combination of methods, of releasedetection:
(a) Combination of inventory control (WAC 173-360A-0620) and tank
tightness testing (WAC 173-360A-0635). Tank tightness testing must beperformed at least every five years. This combination of methods may be usedonly if the tank has been installed for less than ten years;
(b) Combination of weekly manual tank gauging (WAC 173-360A-0625) and
tank tightness testing (WAC 173-360A-0635). Tank tightness testing must beperformed at least every five years. This combination of methods may be usedonly 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;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
64 of 151 2/26/2018, 1:48 PM(c) Weekly manual tank gauging (WAC 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; or
(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 (WAC 173-360A-0630);(e) Interstitial monitoring (WAC 173-360A-0655). This method may be used
only if the tank is secondarily contained and meets the performance standardsin WAC 173-360A-0310 (4)(b);
(f) Vapor monitoring (WAC 173-360A-0660);(g) Groundwater monitoring (WAC 173-360A-0665);(h) Statistical inventory reconciliation (WAC 173-360A-0670); or
(i) Other release detection methods (WAC 173-360A-0675).
(3) Additional methods for certain previously deferred UST systems.
Field-constructed tanks not requiring secondary containment under WAC173-360A-0310 (4)(a) with a capacity greater than fifty thousand gallons mustbe monitored for leaks in accordance with subsection (2) of this section orusing one of the following methods, or combination of methods, of releasedetection:
(a) Tank tightness testing (WAC 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 (WAC 173-360A-0630) performed
at least every thirty days, except the method must be able to detect a onegallon per hour leak rate, and tank tightness testing (WAC 173-360A-0635)performed at least every three years, except the method must be able todetect a 0.2 gallon per hour leak rate;
(c) Combination of automatic tank gauging (WAC 173-360A-0630) performed
at least every thirty days, except the method must be able to detect a twogallons per hour leak rate, and tank tightness testing (WAC 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) Vapor monitoring (WAC 173-360A-0660) performed at least every two
years, except the method must use a tracer compound and be able to detect a0.1 gallon per hour leak rate;
(e) Combination of inventory control (WAC 173-360A-0620) performed at
least every thirty days, except the method must be able to detect a leak ofat least 0.5 percent of flow-through and be performed in accordance with
Department of Defense Instruction 4140.25, Air Transport Association Airport
Fuel Facility Operations and Maintenance Guidance Manual, or equivalentprocedures, and either:
(i) Tank tightness testing (WAC 173-360A-0635) performed at least every
two years, except the method must be able to detect a 0.5 gallon per hourleak rate;
(ii) Vapor monitoring (WAC 173-360A-0660) performed at least every
thirty days; or
(iii) Groundwater monitoring (WAC 173-360A-0665) performed at least
every thirty days; or
(f) Other release detection methods (WAC 173-360A-0675), except owners
and operators must demonstrate the method can detect a leak as effectively asany of the methods allowed in (a) through (e) of this subsection and thedepartment must approve the use of the method. In comparing methods, thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
65 of 151 2/26/2018, 1:48 PMdepartment 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 shall monitor underground piping for leaks using
the methods, or combination of methods, of release detection specified inthis section.
(1) Piping requiring secondary containment.  Underground piping requiring
secondary containment under WAC 173-360A-0310 (5)(a) must be monitored forleaks as follows.
(a) Pressurized piping.  Underground piping conveying regulated
substances under pressure must be equipped with an automatic line leakdetector (WAC 173-360A-0640) and monitored for leaks at least every thirty
days using interstitial monitoring (WAC 173-360A-0655).
(b) Suction piping.  Underground piping conveying regulated substances
under suction, except as provided under WAC 173-360A-0600 (1)(b), must bemonitored for leaks at least every thirty days using interstitial monitoring(WAC 173-360A-0655).
(2) Piping not requiring secondary containment.  Except as provided for
previously deferred UST systems under subsection (3) of this section,underground piping not requiring secondary containment under WAC173-360A-0310 (5)(a) must be monitored for leaks as follows.
(a) Pressurized piping.  Underground piping conveying regulated
substances under pressure must be:
(i) Equipped with an automatic line leak detector (WAC 173-360A-0640);
and
(ii) Monitored for leaks at least annually using line tightness testing
(WAC 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 (WAC 173-360A-
0645);
(B) Interstitial monitoring (WAC 173-360A-0655). This method may be used
only if the piping is secondarily contained and meets the performancestandards in WAC 173-360A-0310 (5)(c);
(C) Vapor monitoring (WAC 173-360A-0660);(D) Groundwater monitoring (WAC 173-360A-0665);(E) Statistical inventory reconciliation (WAC 173-360A-0670); or(F) Other release detection methods (WAC 173-360A-0675).(b) Suction piping.  Underground piping conveying regulated substances
under suction, except as provided under WAC 173-360A-0600 (1)(b), must be
monitored for leaks at least every three years using line tightness testing
(WAC 173-360A-0650) or at least every thirty days using one of the followingmethods of release detection:
(i) Interstitial monitoring (WAC 173-360A-0655). This method may be used
only if the piping is secondarily contained and meets the performancestandards in WAC 173-360A-0310 (5)(c);
(ii) Vapor monitoring (WAC 173-360A-0660);(iii) Groundwater monitoring (WAC 173-360A-0665);
(iv) Statistical inventory reconciliation (WAC 173-360A-0670); or
(v) Other release detection methods (WAC 173-360A-0675).http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
66 of 151 2/26/2018, 1:48 PM(3) Additional methods for certain previously deferred UST systems.
Underground piping not requiring secondary containment under WAC173-360A-0310 (5)(a) associated with field-constructed tanks with a capacitygreater than fifty thousand gallons or airport hydrant systems must bemonitored 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 (WAC 173-360A-0650) performed semiannually or
annually, except the method must be able to detect the leak rate specified inTable 0615-1. Piping segment volumes greater than or equal to one hundredthousand gallons not capable of meeting the maximum 3.0 gallon per hour leakrate for the semiannual test may be tested at a leak rate up to 6.0 gallonsper hour according to the schedule in Table 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 < 75,000 1.5 0.75
≥ 75,000 to < 100,000 2.0 1.0
≥ 100,000 3.0 1.5
Table 0615-2: Phase-In for Piping Segments ≥
100,000 Gallons in Volume
Test Time FrameLeak Detection
Rate
First test Not later than (three
years after effective
date of rule)May use up to 6.0
gallons per hour leak
rate
Second test Between (three years
after effective date ofrule) and (six yearsafter effective date ofrule)May use up to 6.0
gallons per hour leakrate
Third test Between (six years
after effective date ofrule) and (sevenyears after effectivedate of rule)Must use 3.0 gallons
per hour leak rate
Subsequent tests After (seven years
after effective date ofrule)Begin using
semiannual or annualline testingaccording to Table0615-1
(b) Vapor monitoring (WAC 173-360A-0660) performed at least every two
years, except the method must use a tracer compound and be able to detect a0.1 gallon per hour leak rate;
(c) Combination of inventory control (WAC 173-360A-0620) performed at
least every thirty days, except the method must be able to detect a leak ofat least 0.5 percent of flow-through and be performed in accordance withDepartment of Defense Instruction 4140.25, Air Transport Association AirportFuel Facility Operations and Maintenance Guidance Manual, or equivalent
procedures, and either:
(i) Line tightness testing (WAC 173-360A-0650) performed at least every
two years, except the method must be performed in accordance with (a) of thishttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
67 of 151 2/26/2018, 1:48 PMsubsection using the leak rates for the semiannual test in Table 0615-1;
(ii) Vapor monitoring (WAC 173-360A-0660) performed at least every
thirty days; or
(iii) Groundwater monitoring (WAC 173-360A-0665) performed at least
every thirty days; or
(d) Other release detection methods (WAC 173-360A-0675), except owners
and operators must demonstrate the method can detect a leak as effectively asany of the methods allowed in (a) through (c) of this subsection and thedepartment must approve the use of the method. In comparing methods, thedepartment will consider the size of release that can be detected and thefrequency and reliability of detection.
NEW SECTION
WAC 173-360A-0620 Inventory control.
Owners and operators using inventory control (or another test of
equivalent performance) shall 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 onehundred 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) Water 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 regulatedsubstances 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 bottomof the tank.
(2) Performance.  Inventory control must be performed in accordance with
the requirements of this subsection. Automatic tank gauge systems must beoperated in accordance with the manufacturer's instructions. The followingcode of practice may be used, where applicable, as guidance in meeting therequirements of this subsection: American Petroleum Institute, RecommendedPractice 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 beperformed:
(i) Measure the number of gallons of regulated substances removed from
the tank within the local standards for meter calibration or an accuracy ofat least six cubic inches for every five gallons of regulated substances thatis 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 twomeasurements into gallons, calculate the difference between the twomeasurements, and reconcile the change in inventory volume with delivery
receipts;
(iii) Measure the tank liquid level at the end of the day (endinghttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
68 of 151 2/26/2018, 1:48 PMinventory) to the nearest one-eighth of an inch and convert the measurement
into gallons. The measurement taken after a delivery of regulated substancesmay 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 dailyimbalances.
(3) Suspected release.  A release is suspected based on inventory control
if:
(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 shall comply with
the requirements of this section.
(1) Standards.
(a) Weekly manual tank gauging must be performed in a manner that is
able to detect any leaks greater than the applicable test standards in Table0625-1 with a probability of detection of at least 0.95 and a probability offalse alarm of no more than 0.05.
(b) Weekly 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) Water 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 gaugesystems 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 Table 0625-1. During this period, no liquid may be
added or removed from the tank;
(ii) Take 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 inchesto 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
Table 0625-1.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
69 of 151 2/26/2018, 1:48 PM(b) Each month, calculate the monthly change in volume by adding
together the four weekly changes in volume and compare to the applicablemonthly standard in Table 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 release.  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 Table 0625-1;
(b) Any monthly change in volume is greater than the applicable monthly
standard in Table 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 hours 10 gallons 5 gallons
551 - 1,000 gallons
(when tank diameteris 64 inches)44 hours 9 gallons 4 gallons
551 - 1,000 gallons
(when tank diameteris 48 inches)58 hours 12 gallons 6 gallons
551 - 1,000 gallons
(when tank diameterother than 64 or 48inches)36 hours 13 gallons 7 gallons
1,001 - 2,000 gallons 36 hours 26 gallons 13 gallons
NEW SECTION
WAC 173-360A-0630 Automatic tank gauging.
Owners and operators using automatic tank gauging shall 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 ofdetection of at least 0.95 and a probability of false alarm of no more than0.05;
(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 limitationsspecified in the certification of the equipment. Tests must be performed withautomatic 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 todetermine the leak status of the tank at least once every thirty days.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
70 of 151 2/26/2018, 1:48 PMNEW SECTION
WAC 173-360A-0635 Tank tightness testing.
Owners and operators using tank tightness tests shall 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 overfillprevention equipment while accounting for the effects of thermal expansion orcontraction 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 than0.05.
(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 shall 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 pipingthat routinely contains a regulated substance with a probability of detectionof 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 off or
restricting the flow of regulated substances or triggering an audible orvisual alarm.
(2) Performance.  Automatic line leak detectors must be operated in
accordance with the manufacturer's instructions and any conditions orlimitations specified in the certification of the equipment.
NEW SECTION
WAC 173-360A-0645 Monthly automatic electronic line leak detection.
Owners and operators using monthly automatic electronic line leak
detection shall 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 thatroutinely contains a regulated substance with a probability of detection ofhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
71 of 151 2/26/2018, 1:48 PMat 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 anyconditions 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 shall 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 operatingpressure with a probability of detection of at least 0.95 and a probabilityof 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 orequipment.
(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 shall 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 undergroundpiping that routinely contains a regulated substance. Methods thatcontinuously monitor the interstitial space using a vacuum, pressure, or aliquid 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 limitationsspecified 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) shall comply with therequirements of this section. Except as otherwise provided in WAC 173-360A-
0610(3) or 173-360A-0615(3), vapor monitoring may be either passive
(monitoring for presence of regulated substance) or active (monitoring forpresence of tracer compound).
(1) Site conditions.
(a) The materials used as backfill must be sufficiently porous (e.g.,http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
72 of 151 2/26/2018, 1:48 PMgravel, sand, crushed rock) to readily allow diffusion of vapors from
releases into the excavation area.
(b) The stored regulated substance, or a tracer compound placed in the
UST system, must be sufficiently volatile (e.g., gasoline) to result in avapor level that is detectable by the monitoring devices located in the
excavation zone in the event of a release from the UST system.
(c) The measurement of vapors by the monitoring device must not be
rendered inoperative by the groundwater, rainfall, or soil moisture or otherknown interferences so that a release could go undetected for more thanthirty 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 thetank 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 9of this chapter.
(b) Reporting.  Site evaluations must be reported to the department
within thirty days of the installation of the vapor monitoring system. Thereport 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 theircertification 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 WAC.
(4) Vapor monitors.
(a) Vapor monitors must be designed and operated to detect any
significant increase in concentration above background of the regulatedsubstance stored in the UST system, a component or components of thatsubstance, or a tracer compound placed in the UST system.
(b) Vapor monitors must also be operated in accordance with the
manufacturer's instructions and any conditions or limitations specified inthe 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) shall comply with the requirements of thissection. Except as otherwise provided in WAC 173-360A-0610(3) or 173-360A-0615(3), groundwater monitoring may be either passive (monitoring forpresence of regulated substance) or active (monitoring for presence of tracercompound).
(1) Site conditions.
(a) The regulated substance stored must be immiscible in water and have
a specific gravity of less than one.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
73 of 151 2/26/2018, 1:48 PM(b) Groundwater must never be more than twenty feet from the ground
surface and the hydraulic conductivity of the soil(s) between the UST systemand 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 orother 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 toallow entry of regulated substance on the water table into the well underboth 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 numberand positioning of monitoring wells or devices that will detect releases fromany portion of the tank or piping being monitored that routinely containsproduct.
(a) Performance.  Site evaluations must be performed by or under the
direct supervision of a service provider certified in accordance with Part 9of this chapter.
(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(WAC 173-360A-0300 (5)(b)). The report must be completed by the serviceprovider. The report must identify the service provider and theircertification 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 WAC.
(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 producton 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 limitationsspecified in the certification of the equipment.
NEW SECTION
WAC 173-360A-0670 Statistical inventory reconciliation.
Owners and operators using statistical inventory reconciliation (SIR)
shall comply with the requirements of this section. SIR involves theapplication of statistical principles to inventory data similar to thosedescribed 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 underground piping that routinely contains a regulatedhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
74 of 151 2/26/2018, 1:48 PMsubstance 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 detectible
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 WAC 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 release detection methods.
Owners and operators using other methods, or combinations of methods, of
release detection shall 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 thetank or underground piping that routinely contains a regulated substance witha 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. To be approved, owners and operators
must demonstrate the other method is able to detect a leak as effectively asany of the following methods. In comparing methods, the department willconsider the size of release that can be detected and the frequency andreliability of detection. Owners and operators must comply with anyadditional requirements imposed by the department on its use to ensureprotection of human health and the environment:
(i) Automatic tank gauging (WAC 173-360A-0630);
(ii) Tank tightness testing (WAC 173-360A-0635);
(iii) Monthly automatic electronic line leak detection (WAC 173-360A-
0645);
(iv) Line tightness testing (WAC 173-360A-0650);(v) Interstitial monitoring (WAC 173-360A-0655);(vi) Vapor monitoring (WAC 173-360A-0660);(vii) Groundwater monitoring (WAC 173-360A-0665); or(viii) Statistical inventory reconciliation (WAC 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, andany additional requirements imposed by the department.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
75 of 151 2/26/2018, 1:48 PMPART 7
RELEASE REPORTING, CONFIRMATION, AND CLEANUP
NEW SECTION
WAC 173-360A-0700 Reporting of suspected releases.
Within twenty-four hours of identifying or being notified by another
person of any of the following conditions, owners and operators of USTsystems shall report a suspected release to the department and initiate aninvestigation of the suspected release in accordance with WAC 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 itsconstituents 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 anUST system, the unexplained presence of water in a tank, or the presence ofliquid 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 WAC 173-360A-0490 or replaced in accordance with WAC
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 haveoccurred, unless:
(a) The alarm was investigated and determined to be a nonrelease event
(for example, alarm caused by power surge 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 WAC 173-360A-0490 or replaced in accordance with WAC173-360A-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 (WAC 173-360A-0620), a second month
of data does not confirm the initial result. However, owners and operatorsshall immediately investigate all larger-than-normal or reoccurringvariations in inventory control results, and report such variations if theyare unaccounted for, without waiting to obtain a second month of data; or
(d) In the case of interstitial monitoring (WAC 173-360A-0655):(i) The leak is contained in the secondary containment;(ii) Any liquid in the interstitial space not used as part of thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
76 of 151 2/26/2018, 1:48 PMinterstitial monitoring method (for example, brine) is immediately removed;
and
(iii) Any defective UST system component is immediately repaired in
accordance with WAC 173-360A-0490 or replaced in accordance with WAC173-360A-0300.
Note: Other federal, state, and local laws may also require reporting, and in some cases investigation, of suspected releases.
NEW SECTION
WAC 173-360A-0710 Investigation due to off-facility impacts.
When required by the department, owners and operators of an UST system
shall follow the procedures in WAC 173-360A-0720 to determine if the USTsystem is the source of off-facility impacts. These impacts include thediscovery of regulated substances (such as the presence of free product orits 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 WAC 173-360A-
0750(4), owners and operators shall immediately investigate and confirm allsuspected releases of regulated substances requiring reporting under WAC173-360A-0700 or investigation under WAC 173-360A-0710 using the following
steps, except as otherwise directed by the department.
(1) System test.  First, all tanks and underground piping suspected of a
release must be tested to determine whether a leak exists or whether a breachexists in either wall of the secondary containment. The tests must becompleted within seven days of identifying a suspected release or receivingnotice 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 WAC
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 WAC 173-360A-0490(4)(c) and, for piping, a tightness test of any containment sumps used forinterstitial monitoring in accordance with WAC 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, thenno 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 asite check must be performed in accordance with subsection (2) of thissection.
(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 mustbe repaired, replaced, or closed immediately. No further investigation isrequired.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
77 of 151 2/26/2018, 1:48 PM(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 todetermine whether regulated substances have been released from the UST systeminto the environment. The site check must be completed within thirty days ofidentifying a suspected release or receiving notice that the departmentrequires investigation of a suspected release.
(a) Performance.  Site checks must be performed in accordance with WAC
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 theenvironment, then no further investigation of the suspected release isrequired.
(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 inaccordance with WAC 173-360A-0750.
NEW SECTION
WAC 173-360A-0730 Site assessment requirements.
Owners and operators shall 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
(WAC 173-360A-0720(2)). Such assessments are referred to as "site checks";
(b) Suspend financial responsibility for a temporarily closed UST system
(WAC 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 standardsor upgrade requirements (WAC 173-360A-0800(4));
(d) Permanently close an UST system, or a tank or piping run that is
part of an UST system (WAC 173-360A-0810(3)); and
(e) Undertake a change-in-service of an UST system (WAC 173-360A-
0820(3)).
(2) Service provider.  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 isperformed. 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;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
78 of 151 2/26/2018, 1:48 PM(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 notneed 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) ofthis section, then the plan must explain how physical conditions prevent thecollection 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 requirements.  Persons performing site assessments
under this chapter shall comply, as applicable, with the requirements of theOccupational Safety and Health Act (20 U.S.C. Sec. 651 et seq.) and theWashington 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 requirements.  Site assessments must be
performed in accordance with the requirements of this subsection, except asotherwise directed by the department. The department may require additionalsampling or analysis on a site-specific basis to confirm whether a releasehas occurred that may pose a threat to human health or the environment or toaddress 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 Table 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 benotified in the site assessment report of any such changes and the reasonsfor 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.
(ii) Regulated substances to be analyzed.  All regulated substances
currently or previously stored in the UST system must be analyzed for in thesoil samples.
(A) For petroleum, analyze for the substances specified for the type of
product in Table 830-1 of WAC 173-340-900.
(B) For hazardous substances, analyze for the substances and any likely
decomposition by-products.
(iii) Analytical procedures.  The soil samples must be collected,
handled, and analyzed in accordance with the requirements in WAC 173-340-830.
(iv) Evaluation of results.  A release that may pose a threat to human
health or the environment is confirmed if the concentration of any regulatedsubstance analyzed in any of the soil samples exceeds the following levels:
(A) The level specified in Table 740-1 of WAC 173-340-900; or(B) If a regulated substance is not listed in Table 740-1, a Method Bhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
79 of 151 2/26/2018, 1:48 PMunrestricted soil cleanup level established under WAC 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 seasonalhigh 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 thefacility that would provide useful data, and the condition of the wellsallows 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 bepresent.
(iii) Regulated substances to be analyzed.  All regulated substances
currently or previously stored in the UST system must be analyzed for in thegroundwater samples.
(A) For petroleum, analyze for the substances specified for the type of
product in Table 830-1 of WAC 173-340-900.
(B) For hazardous substances, analyze for the substances and any likely
decomposition by-products.
(iv) Analytical procedures.  The groundwater samples must be collected,
handled, and analyzed in accordance with the requirements in WAC 173-340-830.
(v) Evaluation of results.  A release that may pose a threat to human
health or the environment is confirmed if the concentration of any regulatedsubstance tested in any of the groundwater samples exceeds the followinglevels:
(A) The levels specified in Table 720-1 of WAC 173-340-900; or
(B) If the regulated substance is not listed in Table 720-1, a Method B
potable groundwater cleanup level established under WAC 173-340-720(4).
(6) Reporting and cleanup of confirmed releases.  If a site assessment
confirms that a release has occurred from an UST system that may pose athreat to human health or the environment, then:
(a) The service provider who performed or directly supervised the site
assessment shall 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 providershall notify the department immediately.
(b) Owners and operators shall report, investigate, and clean up the
confirmed release in accordance with WAC 173-360A-0750.
(7) Reporting results 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 combinedwith the remedial action reports required under WAC 173-340-450, provided thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
80 of 151 2/26/2018, 1:48 PMcombined report is submitted within thirty days of release confirmation.
(8) Content of report.  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 affiliated;
(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 different;
(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 sectionand 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 compositesample, 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 thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
81 of 151 2/26/2018, 1:48 PMenvironment;
(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) To 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 otherregulated 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 sampleswere collected from excavated soils. Diagrams must clearly differentiate
between soil and groundwater samples and between investigatory and
confirmation samples; and
(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 informationis 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 maintaineduntil six years after the UST system is permanently closed or undergoes achange-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 mostlikely 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 onanother 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 mostCollect 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.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
82 of 151 2/26/2018, 1:48 PMTanks Piping Dispensers
likely to be present, such
as at connections, fittings,
or elbows. (2)• 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
26-50 251-100 3101-500 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.(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 shall 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 theenvironment, including in the following cases, then the release must bereported, investigated, and cleaned up in accordance with WAC 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, orgroundwater 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 athreat 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 releaseof 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 allhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
83 of 151 2/26/2018, 1:48 PMapplicable federal, state, and local requirements. Free product shall not be
flushed into storm drains, catch basins, dry wells, monitoring wells, orother 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 releases.
Owners and operators shall 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 WAC 173-360A-0720through 173-360A-0740, in accordance with the requirements of this section.
(1) Within twenty-four hours of confirming a release, the release must
be reported to the department.
(2) Within twenty-four hours of confirming a release, the UST system
must be secured to prevent further delivery or deposit of regulatedsubstances until the defective UST system components are repaired, replaced,or closed.
(3) Within thirty days of confirming a release, financial responsibility
records must be submitted to the department in accordance with WAC173-360A-1045 (2)(a).
(4) Confirmed releases must be investigated and cleaned up in accordance
with chapter 173-340 WAC or as otherwise directed by the department underchapter 
90.48 RCW.
Note: Other federal, state, and local laws may also require reporting, and in some cases cleanup, of confirmed releases.
PART 8
CLOSURE
NEW SECTION
WAC 173-360A-0800 Temporary closure of UST systems.
Owners and operators of temporarily closed UST systems shall 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 departmenthttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
84 of 151 2/26/2018, 1:48 PMon 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 2.54centimeters (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, suchas an invoice. This notice may be combined with the notice required undersubsection (1) of this section.
(3) Maintaining compliance during temporary closure.  Except as otherwise
provided in this subsection, owners and operators shall comply with all ofthe applicable requirements of this chapter during temporary closure,including maintenance of corrosion protection and payment of annual tankfees.
(a) Spill and overfill prevention.  The following tests and inspections
of spill and overfill prevention equipment may be suspended during temporaryclosure, regardless of whether the UST system is emptied in accordance withsubsection (2) of this section:
(i) Walkthrough inspections of spill prevention equipment (WAC 173-360A-
0420);
(ii) Monitoring and tightness tests of spill prevention equipment (WAC
173-360A-0460); and
(iii) Inspections of overfill prevention equipment (WAC 173-360A-0470).
(b) Release detection and containment.  Release detection in Part 6 of
this chapter and the following tests and inspections of release detectionequipment and containment may be suspended during temporary closure if an USTsystem is emptied in accordance with subsection (2) of this section:
(i) Walkthrough inspections of release detection equipment, containment
sumps, and hydrant pits and vaults (WAC 173-360A-0420);
(ii) Monitoring and tightness tests of containment sumps used for
interstitial monitoring (WAC 173-360A-0450); and
(iii) Tests of release detection equipment (WAC 173-360A-0480).
(c) Financial responsibility.  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 WAC 173-360A-0730. Unlessotherwise 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 WAC 173-360A-0750(4).
(4) Permanent closure of substandard UST systems.  An UST system must be
permanently closed within twelve months of temporary closure if the tanks orhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
85 of 151 2/26/2018, 1:48 PMpiping 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 WAC 173-360A-0730. Unless otherwise directed by the department, a siteassessment 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 WAC 173-360A-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 afterthe site assessment is completed.
(5) Returning UST systems to operation.
(a) Requirements 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 suspendedduring temporary closure under subsection (3) of this section. If financialresponsibility is suspended during temporary closure, the owner or operatormust demonstrate financial responsibility in accordance with WAC173-360A-1045 (1)(a) or (b), as applicable, before returning an UST system tooperation.
(b) Additional requirements for UST systems temporarily closed more 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 toensure the UST system is operating properly and will prevent releases to theenvironment.
(A) Tanks and piping.  If release detection is suspended during temporary
closure, tightness tests of tanks and piping must be performed in accordancewith WAC 173-360A-0635 and 173-360A-0650. This requirement does not apply to
suction piping meeting the standards in WAC 173-360A-0600 (1)(b)(i) through
(v). The department must authorize any delivery or deposit of regulatedsubstances needed to perform the tightness tests. To obtain suchauthorization:
(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 prevention equipment.  If suspended during
temporary closure, the following tests and inspections of spill and overfillprevention equipment must be performed:
(I) Walkthrough inspections of spill prevention equipment (WAC 173-360A-
0420);
(II) Monitoring or tightness tests of spill prevention equipment (WAC
173-360A-0460); and
(III) Inspections of overfill prevention equipment (WAC 173-360A-0470).
(C) Release detection equipment and containment.  If suspended during
temporary closure, the following tests and inspections of release detectionequipment and containment must be performed:
(I) Walkthrough inspections of release detection equipment, containment
sumps, and hydrant pits and vaults (WAC 173-360A-0420);http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
86 of 151 2/26/2018, 1:48 PM(II) Monitoring or tightness tests of containment sumps used for
interstitial monitoring (WAC 173-360A-0450); and
(III) Tests of release detection equipment (WAC 173-360A-0480).(ii) Notification of return 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 mustbe 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 compliancetag upon receipt of the completed notification form required under (b)(ii) ofthis subsection.
NEW SECTION
WAC 173-360A-0810 Permanent closure of UST systems.
Owners and operators shall permanently close an UST system, or a tank or
piping run that is part of an UST system, in accordance with the requirementsof this section.
(1) Notice of intent.  Owners and operators shall notify the department
of their intent to permanently close an UST system, or a tank or piping runthat is part of an UST system, at least thirty days, but no more than ninetydays, before the planned start date using the applicable form provided by the
department. Owners and operators shall also confirm the planned start date
with the department at least three business days before starting permanentclosure.
(2) Decommission.  When an UST system, or a tank or piping run that is
part of an UST system, undergoes permanent closure, it must be decommissionedin accordance with the requirements of this subsection.
(a) Actions.  To decommission an UST system, or a tank or piping run,
undergoing permanent closure, the following actions must be completed, asapplicable:
(i) Tanks must be emptied and cleaned by removing all liquids and
accumulated sludge;
(ii) Piping must be emptied by removing all liquids;(iii) Tanks must be removed from the ground or closed in place by
filling with an inert solid material or in another manner approved by thedepartment;
(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
Underground Petroleum Storage Tanks";
(B) American Petroleum Institute, Standard 2015, "Safe Entry andhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
87 of 151 2/26/2018, 1:48 PMCleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry from
Decommissioning through Recommissioning";
(C) American Petroleum Institute, Recommended Practice 2016, "Guidelines
and Procedures for Entering and Cleaning Petroleum Storage Tanks";
(D) American Petroleum Institute, Recommended Practice 1631, "Interior
Lining and Periodic Inspection of Underground Storage Tanks";
(E) National Fire Protection Association, Standard 326, "Standard for
the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair"; and
(F) National Institute for Occupational Safety and Health, Publication
80-106, "Criteria for a Recommended Standard: Working in Confined Spaces."
(c) Reporting.  Decommissioning must be reported to the department within
thirty days using the applicable checklist provided by the department. Thechecklist 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, undergoes permanent closure, a site assessment must be
conducted around the system or the part of the system being closed inaccordance with WAC 173-360A-0730. Unless otherwise directed by thedepartment, 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 WAC 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 thissection.
(5) Partially exempt UST systems – Notice of permanent closure.  Owners
and operators of a partially exempt UST system identified in WAC173-360A-0110 (2)(a) shall notify the department in writing within thirtydays of the permanent closure of the UST system.
NEW SECTION
WAC 173-360A-0820 Change-in-service of UST systems.
Owners and operators shall undertake a change-in-service of an UST
system in accordance with the requirements of this section.
(1) Notice of intent.  Owners and operators shall notify the department
of their intent to undertake a change-in-service of an UST system at leastthirty days, but no more than ninety days, before the planned start dateusing the applicable form provided by the department. Owners and operatorsshall also confirm the planned start date with the department at least threebusiness days before starting the change-in-service.
(2) Decommission.  When an UST system undergoes a change-in-service, the
system must be decommissioned in accordance with the requirements of thissubsection.
(a) Actions.  To decommission an UST system undergoing 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,http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
88 of 151 2/26/2018, 1:48 PMand 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
Underground Petroleum Storage Tanks";
(B) American Petroleum Institute, Standard 2015, "Safe Entry and
Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry fromDecommissioning through Recommissioning";
(C) American Petroleum Institute, Recommended Practice 2016, "Guidelines
and Procedures for Entering and Cleaning Petroleum Storage Tanks";
(D) American Petroleum Institute, Recommended Practice 1631, "Interior
Lining and Periodic Inspection of Underground Storage Tanks";
(E) National Fire Protection Association, Standard 326, "Standard for
the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair"; and
(F) National Institute for Occupational Safety and Health, Publication
80-106, "Criteria for a Recommended Standard: Working in Confined Spaces."
(c) Reporting.  Decommissioning must be reported to the department within
thirty days using the applicable checklist provided by the department. Thechecklist must be completed by the service provider.
(3) Site assessment.  When an UST system undergoes a change-in-service, a
site assessment must be performed around the system in accordance with WAC
173-360A-0730. Unless otherwise directed by the department, a site assessmentis 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 WAC 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 WAC173-360A-0110 (2)(a) shall notify the department in writing within thirtydays 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 shall permanently close those systems (decommission and performsite assessments around the systems) in accordance with WAC 173-360A-0810 ifthe department determines releases from those systems may pose a current orpotential threat to human health or the environment or if any additionalclosure activities are performed:
(1) UST systems permanently closed before December 22, 1988; and(2) Previously deferred UST systems permanently closed before (effective
date of rule).http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
89 of 151 2/26/2018, 1:48 PMPART 9
SERVICE 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 whichservices on UST systems must be performed by certified service providers. Thecertification program is designed to ensure that the services performed onUST systems are performed safely and in a manner that will protect humanhealth 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 affect the applicability of
any other legally applicable licensing requirements or manufacturercertification requirements.
NEW SECTION
WAC 173-360A-0910 General requirements.
Owners and operators shall 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 WAC 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 WAC 173-360A-
0230(3); and
(4) Records of UST system services are maintained in accordance with WAC
173-360A-0240(1).
NEW SECTION
WAC 173-360A-0920 Certifications required to perform services.
Owners and operators shall ensure that UST system services are performed
by or under the direct supervision of a service provider certified inaccordance with the requirements of this section. Table 0920-1 identifies theUST system services requiring the use of a service provider and thecertification that a service provider must have to perform those services.There are six types of certification, which are specified in WAC173-360A-0930. Some UST system services may be performed by more than onetype of service provider.
Table 0920-1: Type of Certification Required to Perform UST System Services
UST System Service Service Requirements Type of Certificationhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
90 of 151 2/26/2018, 1:48 PMUST System Service Service Requirements Type of Certification
Services not involving corrosion protectionInstalling UST systems or
components, except cathodic
protectionWAC 173-360A-0300 Installation/repair
Performing internal inspections of
tanksWAC 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 equipmentWAC 173-360A-0460 Tightness testing or
installation/repair
Inspecting overfill prevention
equipmentWAC 173-360A-0470 Tightness testing or
installation/repair
Testing of electronic or mechanical
release detection equipmentWAC 173-360A-0480 Tightness testing or
installation/repair
Repairing UST system
components, except 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 testingSite 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
checksWAC 173-360A-0730 Site assessment
Decommissioning tanks or piping
undergoing permanent closure orchange-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 expertDesigning cathodic protection
systemsWAC 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 experthttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
91 of 151 2/26/2018, 1:48 PMUST System Service Service Requirements Type of Certification
Repairing cathodic protection
systems, including making rectifier
adjustments, spec ified or designed
by corrosion expertWAC 173-360A-0490 Installation/repair, corrosion expert,
or cathodic protection tester (1)
Footnotes: (1) Cathodic protection testers may not perform the specified UST system services unless the cathodic protection testers are certi fied by the
International Code Council.
NEW SECTION
WAC 173-360A-0930 Certification of service providers.
Owners and operators shall ensure that service providers performing UST
system services are certified in accordance with the requirements of thissection.
(1) Installation and repair.  To perform or directly supervise UST system
services requiring certification in installation and repair, a serviceprovider must be certified as having sufficient 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 providermust be certified as having sufficient education and experience by:
(a) The International Code Council (UST Tank Tightness Testing - 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 mustbe certified as having sufficient education and experience by:
(a) The International Code Council (Washington State Site Assessment -
U7);
(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
Washington 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 mustbe certified as having sufficient 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) Corrosion expert.  To perform or directly supervise UST system
services requiring certification as a corrosion expert, as defined in WAC173-360A-0150(13), a service provider must be certified as having sufficienteducation and experience by:http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
92 of 151 2/26/2018, 1:48 PM(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 Washington state under
chapter 18.43 RCW and certified as cathodic protection tester under
subsection (6) of this section.
(6) Cathodic protection tester.  To perform or directly supervise UST
system services requiring certification as a cathodic protection tester, asdefined in WAC 173-360A-0150(4), a service provider must be certified ashaving sufficient education and experience by:
(a) The International Code Council (UST Cathodic Protection - U4);(b) The National Association of Corrosion Engineers;
(c) The Steel Tank 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 providers.
Service providers shall comply with the requirements of this section.(1) Certification and records.
(a) Service providers must be certified to perform or directly supervise
the performance of UST system services in accordance with WAC 173-360A-0920and 173-360A-0930.
(b) Service providers shall maintain proof that they are certified to
perform or directly supervise the performance of UST system services underWAC 173-360A-0920 and 173-360A-0930, such as licenses or certificates, andmake such proof readily available for inspection upon request by thedepartment.
(2) Performance of services.  Services providers shall perform or
directly supervise the performance of UST system services in accordance with
the requirements of this chapter and any other legally applicablerequirements, including:
(a) Chapters 
18.27 RCW and 296-200A WAC, which apply to individuals who
are general and specialty contractors;
(b) Chapters 18.104 RCW and 173-162 WAC, which apply to individuals who
install groundwater monitoring wells;
(c) Chapters 19.28 RCW and 296-46B WAC, 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 WAC, which apply to
individuals engaged in activities involving hazardous chemicals andsubstances and who perform confined space entry during field activities, andchapter 296-155 WAC, which sets forth safety standards for construction work.
(3) Presence during services.  Service providers must be present at the
UST facility when and where UST system services are performed, includingduring 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 backfillhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
93 of 151 2/26/2018, 1:48 PMand 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 thefacility;
(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 undergoing permanent
closure or a change-in-service, services providers must be present when:
(i) Purging 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 thefacility.
(c) Tanks and piping runs undergoing 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 shall document the UST
system services specified in WAC 173-360A-0230(3) by completing theapplicable 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 withthe requirements of this chapter, then the service provider shall notify theowner or operator of the determination within twenty-four hours.
(6) Reporting confirmed releases.  If a service provider confirms a
release from an UST system that may pose a threat to human health or theenvironment, then the service provider shall 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 providershall notify the department immediately.
(7) Enforcement 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 WAC 173-360A-0270 and173-360A-0290.
PART 10
FINANCIAL RESPONSIBILITYhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
94 of 151 2/26/2018, 1:48 PMNEW 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 WAC 173-360A-0110(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 fromthe requirements of this part.
(4) If the owner and operator of an UST system are separate persons,
only one person is required to 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 shall apply
unless the context clearly indicates otherwise.
(1) "Accidental release"  means any sudden or nonsudden release of
regulated substances arising from operating an underground storage tank that
results in a need for remedial action and/or compensation for bodily injuryor property damage neither expected nor intended by the tank owner oroperator.
(2) "Bodily injury"  shall have the meaning given to this term by
applicable state law; however, this term shall not include those liabilitieswhich, consistent with standard insurance industry practices, are excludedfrom 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 thelocal government.
(4) "Controlling interest"  means direct ownership of at least fifty
percent of the voting stock of another entity.
(5) "Financial reporting year"  means the latest consecutive twelve-month
period for which any of the following reports used to support a financialtest is prepared: (a) A 10-K report submitted to the U.S. Securities andExchange Commission; (b) an annual report of tangible net worth submitted to
Dun and Bradstreet; or (c) annual reports submitted to the Energy Information
Administration or the Rural Utilities Service. "Financial reporting year" maythus 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 actionsbrought:
(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"  shall have the meaning given this term by
applicable state law and includes Indian tribes. The term is generallyhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
95 of 151 2/26/2018, 1:48 PMintended to include:
(a) Counties, municipalities, townships, separately chartered and
operated special districts (including local government public transit systemsand redevelopment authorities), and independent school districts authorizedas 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 toprovide essential services.
(8) "Occurrence"  means an accident, including continuous or repeated
exposure to conditions, which results in a release from an undergroundstorage tank. This definition is intended to assist in the understanding ofthis part and is not intended either to limit the meaning of "occurrence" ina way that conflicts with standard insurance usage or to prevent the use ofother 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 forobtaining or has obtained financial assurances.
(10) "Petroleum marketing facilities"  means all facilities at which
petroleum is produced or refined and all facilities from which petroleum issold or transferred to other petroleum marketers or to the public.
(11) "Property damage"  shall have the meaning given this term by
applicable state law. This term shall 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 shall not include remedial action associatedwith releases from underground 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 underground storage tankthrough one of the mechanisms listed in WAC 173-360A-1060 through173-360A-1073, including a guarantor, insurer, risk retention group, surety,or issuer of a letter of credit.
(13) "Substantial business relationship"  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. Aguarantee contract is issued "incident to that relationship" if it arisesfrom and depends on existing economic transactions between the guarantor andthe owner or operator.
(14) "Substantial governmental relationship"  means the extent of a
governmental relationship necessary under applicable state law to make anadded 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 anunderground storage tank release such as coterminous boundaries, overlappingconstituencies, common groundwater aquifer, or other relationship other thanmonetary compensation that provides a motivation for the guarantor to providea guarantee.
(15) "Tangible net worth"  means the tangible assets that remain after
deducting liabilities; such assets do not include intangibles such asgoodwill 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 pasttransactions.
(16) "Termination"  under WAC 173-360A-1082 and 173-360A-1083 means only
those changes that could result in a gap in coverage as where the insured hashttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
96 of 151 2/26/2018, 1:48 PMnot obtained substitute coverage or has obtained substitute coverage with a
different retroactive date than the retroactive date of the original policy.
NEW SECTION
WAC 173-360A-1010 Period of financial responsibility.
(1) General requirement.  Except as provided in subsection (2) of this
section, an owner or operator shall continuously demonstrate financialresponsibility for an UST system from the date of its installation until thedate of its permanent closure or change-in-service.
(2) Suspension during temporary closure.  An owner or operator is not
required to demonstrate financial responsibility for an UST system while itis temporarily closed if:
(a) The UST system is emptied in accordance with WAC 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 WAC 173-360A-0730. Unlessotherwise 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 WAC 173-360A-0750(4).
NEW SECTION
WAC 173-360A-1015 Scope and amount of financial responsibility.
(1) Scope. Owners or operators of underground storage tanks shall
demonstrate financial responsibility for taking remedial action and forcompensating third parties for bodily injury and property damage caused byaccidental releases arising from the operation of underground storage tanks.
(2) Amount.
(a) Per occurrence amounts.  Owners or operators of underground storage
tanks shall demonstrate financial responsibility for the types of coveragespecified in subsection (1) of this section in at least the following per-
occurrence amounts:
(i) For owners or operators of underground storage tanks that are
located at petroleum marketing facilities, or that handle an average of morethan ten thousand gallons of regulated substances per month based on annualthroughput for the previous calendar year, one million dollars; and
(ii) For all other owners or operators of underground storage tanks,
five hundred thousand dollars.
(b) Annual aggregate amounts.  Owners or operators of underground storage
tanks shall demonstrate financial responsibility for the types of coverage
specified in subsection (1) of this section in at least the following annual
aggregate amounts:
(i) For owners or operators of one to one hundred underground storage
tanks, one million dollars; and
(ii) For owners or operators of one hundred one or more underground
storage tanks, two million dollars.
(c) Use of separate mechanisms for different types of coverage.  Except
as provided in (d) of this subsection, if the owner or operator uses separatehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
97 of 151 2/26/2018, 1:48 PMmechanisms or separate combinations of mechanisms to demonstrate financial
responsibility for the following, then the amount of assurance provided byeach mechanism or combination of mechanisms shall be in the full amountspecified 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 different tanks.  If an owner or
operator uses separate mechanisms or separate combinations of mechanisms todemonstrate financial responsibility for different underground storage tanks,then the annual aggregate amount required shall be based on the number oftanks covered by each such separate mechanism or combination of mechanisms.
(e) Review of aggregate amounts.  Owners or operators shall review the
amount of aggregate assurance provided whenever additional undergroundstorage tanks are acquired or installed. If the number of underground storagetanks for which assurance must be provided exceeds one hundred, the owner oroperator shall demonstrate financial responsibility in the amount of at leasttwo million dollars of annual aggregate assurance by the anniversary of thedate on which the mechanism demonstrating financial responsibility becameeffective. If assurance is being demonstrated by a combination of mechanisms,the owner or operator shall demonstrate financial responsibility in the
amount of at least two million dollars of annual aggregate assurance by the
first-occurring effective date anniversary of any one of the mechanismscombined (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
underground storage tank" means a single containment unit and does not meancombinations 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 owneror operator, may use any one or combination of the mechanisms listed in WAC173-360A-1060 through 173-360A-1066 to demonstrate financial responsibility
under this part for one or more underground storage tanks.
(2) For only local governments owners or operators.  Subject to the
limitation of subsection (3) of this section, a local government owner oroperator may also use any one or combination of the mechanisms listed in WAC173-360A-1070 through 173-360A-1073 to demonstrate financial responsibilityunder this part for one or more underground 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 consolidatedhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
98 of 151 2/26/2018, 1:48 PMwith the financial statements of the guarantor.
NEW SECTION
WAC 173-360A-1025 Substitution of mechanisms by owners or operators.
(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 effective financial assurancemechanism or combination of mechanisms that satisfies the requirements of WAC173-360A-1015.
(2) Cancellation.  After obtaining alternate financial assurance as
specified in this part, an owner or operator may cancel a financial assurancemechanism by providing notice to the provider of financial assurance inaccordance with requirements for cancellation set forth for the specificmechanism in WAC 173-360A-1060 through 173-360A-1073.
NEW SECTION
WAC 173-360A-1030 Termination of mechanisms by providers.
(1) Authority.  Except as otherwise provided, a provider of financial
assurance may cancel or fail to renew an assurance mechanism by sending anotice of termination by certified mail to the owner or operator.
(2) Date of termination.
(a) Guarantee, surety bond, or letter of credit.  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 returnreceipt.
(b) Insurance or risk retention group coverage.  Termination of insurance
or risk retention group coverage, except for nonpayment or misrepresentationby the insured, may not occur until sixty days after the date on which theowner or operator receives the notice of termination, as evidenced by thereturn receipt. Termination for nonpayment of premium or misrepresentation bythe 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 provider incapacitated.  If a provider of financial assurance
cancels or fails to renew for reasons of incapacity of the provider, then theowner or operator shall obtain alternate coverage as specified in WAC173-360A-1035.
(b) If provider 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 shall obtain alternate coverage as specified in
this section within sixty days after receipt of the notice of termination. Ifthe owner or operator fails to obtain alternate coverage within sixty daysafter receipt of the notice of termination, then by that date the owner oroperator shall notify the department of the failure and submit:
(i) The name and address of the provider of financial assurance;(ii) The effective date of termination; and(iii) The evidence of the financial assurance mechanism subject to thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
99 of 151 2/26/2018, 1:48 PMtermination maintained in accordance with WAC 173-360A-1040(2).
NEW SECTION
WAC 173-360A-1035 Responsibilities upon bankruptcy or other incapacity
of owner or operator or provider of financial assurance.
(1) Notifying department upon bankruptcy of owners or operators.  Within
ten days after commencement of a voluntary or involuntary proceeding underTitle 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, theowner or operator shall notify the department by certified mail of suchcommencement and submit the evidence of financial responsibility specified inWAC 173-360A-1040(2).
(2) Notifying owners or operators upon bankruptcy of guarantor.  Within
ten days after commencement of a voluntary or involuntary proceeding underTitle 11 (Bankruptcy), U.S. Code, naming a guarantor providing financial
assurance as debtor, such guarantor shall notify the owner or operator by
certified mail of such commencement as required under the terms of theguarantee specified in WAC 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 Title 11 (Bankruptcy), U.S. Code, naming a local governmentowner or operator as debtor, the local government owner or operator mustnotify the department by certified mail of such commencement and submit theevidence of financial responsibility specified in WAC 173-360A-1040(2).
(4) Notifying owners or operators upon bankruptcy of guarantor providing
local government assurance.  Within ten days after commencement of a voluntary
or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming aguarantor providing a local government financial assurance as debtor, suchguarantor must notify the local government owner or operator by certifiedmail of such commencement as required under the terms of the guaranteespecified in WAC 173-360A-1072.
(5) Obtaining alternate financial assurance upon bankruptcy or
incapacity of provider.  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 bankruptcyor incapacity of its provider of financial assurance, or a suspension orrevocation of the authority of the provider of financial assurance to issue aguarantee, insurance policy, risk retention group coverage policy, suretybond, or letter of credit. The owner or operator shall obtain alternatefinancial assurance as specified in this part within thirty days afterreceiving notice of such an event. If the owner or operator fails to obtainalternate coverage within thirty days after such notification, then by that
date the owner or operator shall notify the department of the failure and
submit the evidence of financial responsibility specified in WAC 173-360A-1040(2).
NEW SECTION
WAC 173-360A-1040 Recordkeeping by owners and operators.
(1) Requirement to maintain evidence.  Owners or operators shall maintain
evidence of all financial assurance mechanisms used to demonstrate financialhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
100 of 151 2/26/2018, 1:48 PMresponsibility under this part for an underground storage tank until released
from the requirements of this part under WAC 173-360A-1010. Owners oroperators shall make records readily available upon request by thedepartment.
(2) Types of evidence required.  An owner or operator shall maintain the
following types of evidence of financial responsibility:
(a) Certification of financial responsibility.  An owner or operator
using an assurance mechanism specified in WAC 173-360A-1060 through173-360A-1073 shall maintain an updated copy of a certification of financialresponsibility worded as set forth in WAC 173-360A-1096, except thatinstructions in brackets are to be replaced with the relevant information andthe brackets deleted. The owner or operator shall update this certificationwhenever the financial assurance mechanism(s) used to demonstrate financialresponsibility change(s).
(b) Assurance mechanism instrument.  An owner or operator using an
assurance mechanism specified in WAC 173-360A-1060 through 173-360A-1065 or173-360A-1070 through 173-360A-1073 shall maintain a copy of the instrumentworded as specified.
(c) An owner or operator using a financial test or guarantee shall
maintain a copy of the chief financial officer's letter based on year-endfinancial statements for the most recent completed financial reporting year.Such evidence shall be on file no later than one hundred twenty days afterthe close of the financial reporting year.
(d) An owner or operator using an insurance policy or risk retention
group coverage shall maintain a copy of the signed insurance policy or riskretention group coverage policy, with the endorsement or certificate ofinsurance and any amendments to the agreements.
(e) An owner or operator using a guarantee, surety bond, or letter of
credit shall maintain a copy of the signed standby trust fund agreement andcopies of any amendments to the agreement.
(f) A local government owner or operator using the local government bond
rating test under WAC 173-360A-1070 shall 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 WAC 173-360A-1071 or the local government guaranteeunder WAC 173-360A-1072 supported by the local government financial testshall maintain a copy of the chief financial officer's letter based on year-end financial statements for the most recent completed financial reportingyear. Such evidence shall be on file no later than one hundred twenty daysafter the close of the financial reporting year.
(h) A local government owner or operator using the local government
guarantee under WAC 173-360A-1072 supported by the local government bondrating test under WAC 173-360A-1070 shall maintain a copy of the guarantor'sbond 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 WAC 173-360A-1072 (4)(a) shall maintain a copy of the signedstandby trust fund agreement and copies of any amendments to the agreement.
(j) An owner or operator using a local government fund under WAC
173-360A-1073 shall 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) Year-end financial statements for the most recent completed
financial reporting year showing the amount in the fund. If the fund ishttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
101 of 151 2/26/2018, 1:48 PMestablished under WAC 173-360A-1073 (3)(c) using incremental funding backed
by bonding authority, then the financial statements must show the previousyear's balance, the amount of funding during the year, and the closingbalance in the fund.
(k) An owner or operator using a local government fund established under
WAC 173-360A-1073 (3)(c) using incremental funding backed by bonding
authority shall also maintain documentation of the required bondingauthority, including either:
(i) The results of a voter referendum under WAC 173-360A-1073 (3)(c)(i);
or
(ii) Attestation by the state attorney general as specified under WAC
173-360A-1073 (3)(c)(ii).
NEW SECTION
WAC 173-360A-1045 Reporting by owners and operators.
(1) Demonstration of financial responsibility.
(a) Upon application for a license.  When applying for a license for an
underground storage tank, the owner or operator must submit to the departmentof revenue a copy of the following to demonstrate financial responsibilityfor the underground storage tank:
(i) Certification of financial responsibility (WAC 173-360A-1096); and(ii) If the financial assurance mechanisms used include insurance or
risk retention group coverage, then the endorsement (WAC 173-360A-1082) or
certificate of insurance (WAC 173-360A-1083).
(b) Upon renewal or substitution of financial assurances.  Upon renewal
or substitution of, or any other changes to, the financial assurancemechanism(s) used to demonstrate financial responsibility, the owner oroperator shall immediately submit to the department of revenue an updatedcopy of the following:
(i) Certification of financial responsibility (WAC 173-360A-1096); and(ii) If the financial assurance mechanism(s) used include insurance or
risk retention group coverage, then the endorsement (WAC 173-360A-1082) or
certificate of insurance (WAC 173-360A-1083).
(c) Upon cancellation or termination of financial assurances.  Upon
receipt of a notice of cancellation or termination of any financial assurancemechanism used to demonstrate financial responsibility, the owner or operatorshall immediately submit a copy of the notice to the department of revenue.
(2) Submission of financial responsibility records.
(a) Upon confirmed release.  An owner or operator shall submit to the
department the financial responsibility records specified in WAC 173-360A-1040(2) within thirty days after the owner or operator confirms a release
from an underground storage tank required to be reported under WAC
173-360A-0750.
(b) Upon bankruptcy of owner or operator.  An owner or operator shall
submit to the department the financial responsibility records specified inWAC 173-360A-1040(2) within ten days after commencement of a voluntary orinvoluntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming anowner or operator as debtor.
(c) Upon failure of owner or operator to obtain alternate coverage.
(i) Upon failure to pass financial test.  If a self-insured owner or
operator fails to meet the requirements of the applicable financial test inhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
102 of 151 2/26/2018, 1:48 PMWAC 173-360A-1060 and fails to obtain alternate coverage by the specified
date, then by that date the owner or operator shall notify the department ofthe failure and submit the financial responsibility records specified in WAC173-360A-1040(2).
(ii) Upon failure to pass local government bond rating or financial
test. If a self-insured local government owner or operator fails to meet the
bond rating test requirements in WAC 173-360A-1070 or the financial testrequirements in WAC 173-360A-1071 and fails to obtain alternate coverage bythe specified date, then by that date the local government owner or operatorshall notify the department of the failure and submit the financialresponsibility records specified in WAC 173-360A-1040(2).
(iii) Upon incapacity of provider.  If an owner or operator fails to
obtain alternate coverage within thirty days after receiving notice of thefollowing, then by that date the owner or operator shall notify the
department of the failure and submit the financial responsibility records
specified in WAC 173-360A-1040(2):
(A) Commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code, naming a provider of financial assurance as adebtor;
(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 WAC
173-360A-1061;
(D) Failure of a local government guarantor to meet the requirements of
WAC 173-360A-1072; or
(E) Other incapacity of a provider of financial assurance.(iv) Upon other termination by provider.  If a provider cancels or fails
to renew a financial assurance mechanism for reasons other than incapacityand the owner or operator fails to obtain alternate coverage within sixtydays after receiving notice of termination by the provider, then by that datethe owner or operator shall notify the department of the failure and submitthe information required in WAC 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 WAC173-360A-1040(2) or other information relevant to compliance with this partat any time.
NEW SECTION
WAC 173-360A-1050 Use of standby trusts.
(1) Funding of trust.  Except as specified in WAC 173-360A-1055, the
department shall 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, intothe 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 theguarantee, surety bond, letter of credit, or, as applicable, other financialassurance mechanism; and
(ii) The department determines or suspects that a release from an
underground storage tank covered by the mechanism has occurred and sohttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
103 of 151 2/26/2018, 1:48 PMnotifies the owner or operator or the owner or operator has notified the
department pursuant to Part 7 of this chapter of a release from anunderground 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 isneeded, and the owner or operator, after appropriate notice and opportunityto comply, has not conducted remedial action as required under WAC173-360A-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 claimshould be paid. The certification shall be worded as set forth in WAC173-360A-1097, except that instructions in brackets are to be replaced withthe 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 accidentalrelease from an underground storage tank covered by financial assurance underthis 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 forpayment under subsection (2) of this section may exceed the balance of thestandby trust fund and the obligation of the provider of financial assurance,the first priority for payment shall be remedial action costs necessary toprotect human health and the environment. The department shall pay third-party liability claims in the order in which the department receivescertifications 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, localgovernment guarantee with standby trust, letter of credit, or surety bond,and the amount in the standby trust is reduced below the full amount ofcoverage required, then the owner or operator shall by the anniversary dateof 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 WAC 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 oroperator shall take the actions required under (a)(i) or (ii) of thissubsection by the earliest anniversary date among the mechanisms.
(5) Refunding of trust balance to providers.  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 noadditional remedial action costs or third-party liability claims will occuras a result of a release covered by the financial assurance mechanism forwhich the standby trust fund was established.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
104 of 151 2/26/2018, 1:48 PMNEW SECTION
WAC 173-360A-1055 Use of local government guarantees without standby
trusts.
A governmental entity acting as guarantor without a standby trust under
WAC 173-360A-1072 (4)(c) or (d) shall make payments as directed by thedepartment under the circumstances described in WAC 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 WAC 173-360A-1015 by passing a financial testas specified in this section.
(2) Financial test requirements.  To pass the financial test of self-
insurance, the owner or operator, and/or guarantor shall 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 WAC
173-360A-1015, based on the number of underground storage tanks for which afinancial 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 forwhich a financial test is used to demonstrate financial responsibility to theU.S. Environmental Protection Agency (EPA) 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 agencyunder a state program authorized by EPA 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 (EPA) under 40 C.F.R. Part 144.63 or to a
state agency under a state program authorized by EPA under 40 C.F.R. Part145.
Note: Titles of the above-referenced C.F.R. citations are as follows: Part 264.101 - Corrective action for solid waste management uni ts; 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 requiremen ts; 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, shall have a letter
signed by the chief financial officer as specified in subsection (3) of thissection and as set forth in WAC 173-360A-1080.
(iv) The owner or operator, and/or guarantor, shall either:
(A) File financial statements annually with the U.S. Securities and
Exchange Commission, the Energy Information Administration, or the RuralUtilities 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 strengthrating of 4A or 5A.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
105 of 151 2/26/2018, 1:48 PM(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 shall meet the financial
test requirements of 40 C.F.R. 264.147(f)(1), substituting the appropriate
amounts specified in WAC 173-360A-1015 (2)(b)(i) and (ii) for the "amount ofliability coverage" each time specified in that section.
(ii) The fiscal year-end financial statements of the owner or operator,
and/or guarantor, shall be examined by an independent certified publicaccountant 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, shall have a letter signed
by the chief financial officer, worded as specified in subsection (3) of thissection and as set forth in WAC 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 ExchangeCommission, the Energy Information Administration or the Rural UtilitiesService, the owner or operator, and/or guarantor, shall obtain a specialreport by an independent certified public accountant stating that:
(A) He or she has compared the data that the letter from the chief
financial officer specifies as having been derived from the latest year-end
financial statements of the owner or operator, and/or guarantor, with theamounts 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 from chief financial officer.  To demonstrate that it meets
the financial test under subsection (2)(a) or (b) of this section, the chieffinancial officer of the owner or operator, and/or guarantor, shall 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 forthin WAC 173-360A-1080, except that the instructions in brackets are to bereplaced 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 longermeets the requirements of the financial test based on the year-end financialstatements, the owner or operator shall 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 failure.  The department may
require reports of financial condition at any time from the owner oroperator, and/or guarantor. If the department finds, on the basis of suchreports or other information, that the owner or operator, and/or guarantor,no longer meets the financial test requirements of subsection (2)(a) or (b)and (3) of this section, the owner or operator shall obtain alternatecoverage 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 hundredfifty days of finding that he or she no longer meets the requirements of thefinancial test based on the year-end financial statements, or within thirtydays of notification by the department that he or she no longer meets thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
106 of 151 2/26/2018, 1:48 PMrequirements of the financial test, then by that date the owner or operator
shall notify the department of such failure and submit the evidence offinancial responsibility specified in WAC 173-360A-1040(2).
NEW SECTION
WAC 173-360A-1061 Mechanism —Guarantee.
(1) Applicability of mechanism.  An owner or operator may satisfy the
requirements of WAC 173-360A-1015 by obtaining a guarantee that conforms tothe requirements of this section.
(2) Eligibility of guarantor.  The guarantor shall 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 businessrelationship.
(3) Financial test of guarantor.  Within one hundred twenty days of the
close of each financial reporting year the guarantor shall demonstrate thatit meets the financial test criteria of WAC 173-360A-1060 based on year-endfinancial statements for the latest completed financial reporting year bycompleting the letter from the chief financial officer described in WAC173-360A-1060(3) and shall deliver the letter to the owner or operator.
(4) Responsibilities upon failure of test.  If the guarantor fails to
meet the requirements of the financial test at the end of any financialreporting year, within one hundred twenty days of the end of that financial
reporting year the guarantor shall 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 meetsthe requirements of the financial test of WAC 173-360A-1060 (2)(a) or (b) and(3), the guarantor shall notify the owner or operator within ten days ofreceiving such notification from the department. In both cases, the guaranteewill terminate no less than one hundred twenty days after the date the owneror operator receives the notification, as evidenced by the return receipt.The owner or operator shall obtain alternate coverage as specified in WAC
173-360A-1035(5).
(5) Content of guarantee.  The guarantee shall be worded as set forth is
WAC 173-360A-1081, except that instructions in brackets are to be replacedwith the relevant information and the brackets deleted.
(6) Standby trust.  An owner or operator who uses a guarantee to satisfy
the requirements of WAC 173-360A-1015 shall establish a standby trust fundwhen the guarantee is obtained. Under the terms of the guarantee, all amountspaid by the guarantor under the guarantee will be deposited directly into the
standby trust fund in accordance with instructions from the department under
WAC 173-360A-1050. This standby trust fund shall meet the requirementsspecified in WAC 173-360A-1066.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
107 of 151 2/26/2018, 1:48 PMNEW SECTION
WAC 173-360A-1062 Mechanism —Insurance and risk retention group coverage.
(1) Applicability of mechanism.  An owner or operator may satisfy the
requirements of WAC 173-360A-1015 by obtaining liability insurance thatconforms to the requirements of this section from a qualified insurer or riskretention group. Such insurance may be in the form of a separate insurance
policy or an endorsement to an existing insurance policy.
(2) Eligibility of provider.  Each insurance policy shall be issued by an
insurer or a risk retention group that, at a minimum, is licensed to transactthe business of insurance or eligible to provide insurance as an excess orsurplus lines insurer in one or more states.
(3) Content of policy.  Each insurance policy shall be amended by an
endorsement worded as specified in WAC 173-360A-1082 or evidenced by acertificate of insurance worded as specified in WAC 173-360A-1083, except
that instructions in brackets shall be replaced with the relevant information
and the brackets deleted. Each insurance policy must cover a claim arisingfrom an accidental release arising from the operation of underground storagetanks, regardless of how the release was discovered or identified. Noendorsement may amend an insurance policy to restrict coverage of such aclaim based on the how the release was discovered or identified.
NEW SECTION
WAC 173-360A-1063 Mechanism —Surety bond.
(1) Applicability of mechanism.  An owner or operator may satisfy the
requirements of WAC 173-360A-1015 by obtaining a surety bond that conforms tothe requirements of this section.
(2) Eligibility of surety.  The surety company issuing the bond shall be
among those listed as acceptable sureties on federal bonds in the latest
Circular 570 of the U.S. Department of the Treasury.
(3) Content of surety bond.  The surety bond shall be worded as set forth
in WAC 173-360A-1084, except that instructions in brackets shall be replacedwith the relevant information and the brackets deleted.
(4) Liability of surety.  Under the terms of the bond, the surety will
become liable on the bond obligation when the owner or operator fails toperform as guaranteed by the bond. In all cases, the surety's liability islimited 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 WAC 173-360A-1015 shall establish a standby trust
fund when the surety bond is acquired. Under the terms of the bond, allamounts paid by the surety under the bond will be deposited directly into thestandby trust fund in accordance with instructions from the department underWAC 173-360A-1050. This standby trust fund shall meet the requirementsspecified in WAC 173-360A-1066.
NEW SECTION
WAC 173-360A-1064 Mechanism —Letter of credit.
(1) Applicability of mechanism.  An owner or operator may satisfy the
requirements of WAC 173-360A-1015 by obtaining an irrevocable standby letterhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
108 of 151 2/26/2018, 1:48 PMof credit that conforms to the requirements of this section.
(2) Eligibility of issuing institution.  The issuing institution shall be
an entity that has the authority to issue letters of credit in Washingtonstate and whose letter-of-credit operations are regulated and examined by afederal or state agency.
(3) Content of letter of credit.  The letter of credit shall be worded as
set forth in WAC 173-360A-1085, except that instructions in brackets are tobe replaced with the relevant information and the brackets deleted.
(4) Term of letter of credit.  The letter of credit shall be irrevocable
with a term specified by the issuing institution. The letter of credit shallprovide that credit be automatically renewed for the same term as theoriginal term, unless, at least one hundred twenty days before the currentexpiration date, the issuing institution notifies the owner or operator bycertified 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 thereturn receipt.
(5) Standby trust.  An owner or operator who uses a letter of credit to
satisfy the requirements of WAC 173-360A-1015 shall also establish a standbytrust fund when the letter of credit is acquired. Under the terms of theletter of credit, all amounts paid pursuant to a draft by the department willbe deposited by the issuing institution directly into the standby trust fundin accordance with instructions from the department under WAC 173-360A-1050.
This standby trust fund shall meet the requirements specified in WAC
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 WAC 173-360A-1015 by establishing a trust fund that conformsto the requirements of this section.
(2) Eligibility of trustee.  The trustee shall be an entity that has the
authority to act as a trustee and whose trust operations are regulated andexamined by a federal agency or an agency of the state in which the fund isestablished.
(3) Content of trust agreement.  The wording of the trust agreement shall
be identical to the wording specified in WAC 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 trust agreement shall be
accompanied by a formal certification of acknowledgment worded as specifiedin WAC 173-360A-1087, except that instructions in brackets are to be replacedwith the relevant information and the brackets deleted.
(5) Amount of required funding.  The trust fund, when established, shall
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 thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
109 of 151 2/26/2018, 1:48 PMdepartment 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 maysubmit 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 releaseto 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, or173-360A-1064 shall establish a standby trust fund when the mechanism isacquired.
(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 trustoperations are regulated and examined by a federal agency or an agency of thestate in which the fund is established.
(3) Content of trust agreement.  The standby trust agreement or trust
agreement shall be worded as set forth in WAC 173-360A-1086, except thatinstructions in brackets are to be replaced with the relevant information andthe brackets deleted.
(4) Certification of acknowledgment.  The standby trust agreement or
trust agreement shall be accompanied by a formal certification ofacknowledgment worded as specified in WAC 173-360A-1087, except thatinstructions in brackets are to be replaced with the relevant information andthe 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 allfunds 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 requirementsof WAC 173-360A-1015 by meeting the bond rating test requirements insubsection (2) of this section.
(2) Bond rating test requirements.
(a) General purpose local governments.  To pass the bond rating test, a
general purpose local government owner or operator and/or local governmentmust 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, orwhere 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 thatare backed by credit enhancement other than municipal bond insurance may nothttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
110 of 151 2/26/2018, 1:48 PMbe 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 ageneral-purpose local government and does not have the legal authority toissue 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 aStandard & Poor's rating of AAA, AA, A, or BBB as the lowest rating for anyrated revenue bond issued by the local government. Where bonds are rated byboth Moody's and Standard & Poor's, the lower rating for each bond must beused to determine eligibility. Bonds that are backed by credit enhancementmay not be considered in determining the amount of applicable bondsoutstanding.
(3) Letter from chief financial officer.
(a) General purpose local governments.  To demonstrate that it meets the
local government bond rating test, the chief financial officer of a generalpurpose local government owner or operator and/or guarantor must sign aletter worded exactly as specified in WAC 173-360A-1088, except that theinstructions in brackets are to be replaced by the relevant information andthe brackets deleted.
(b) Nongeneral purpose local governments.  To demonstrate that it meets
the local government bond rating test, the chief financial officer of localgovernment owner or operator and/or guarantor other than a general purpose
government must sign a letter worded exactly as specified in WAC
173-360A-1089, except that the instructions in brackets are to be replaced bythe relevant information and the brackets deleted.
(4) Maintaining records of bond rating.  The local government owner or
operator and/or guarantor must maintain a copy of its bond rating publishedwithin 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 assurancefinds that it no longer meets the bond rating test requirements, then the
local government owner or operator shall obtain alternate coverage within one
hundred fifty days of the change in status.
(6) Requests by department and findings of failure.  The department may
require reports of financial condition at any time from the local governmentowner or operator, and/or local government guarantor. If the departmentfinds, on the basis of such reports or other information, that the localgovernment owner or operator, and/or guarantor, no longer meets the localgovernment 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 coveragewithin one hundred fifty days of finding that it no longer meets therequirements of the bond rating test or within thirty days of notification bythe department that it no longer meets the requirements of the bond ratingtest, then by that date the owner or operator shall notify the department ofsuch failure and submit the evidence of financial responsibility specified in
WAC 173-360A-1040(2).
NEW SECTIONhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
111 of 151 2/26/2018, 1:48 PMWAC 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 requirements.  To be eligible to use the financial test,
the local government owner or operator must have the ability and authority toassess and levy taxes or to freely establish fees and charges.
(3) Financial test requirements.  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 adisclaimer 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 officer worded as specified in WAC 173-360A-1090.
(4) Financial information requirements.  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:
(a) Total revenues , consisting of the sum of general fund operating and
nonoperating revenues including net local taxes, licenses and permits, finesand forfeitures, revenues from use of money and property, charges forservices, investment earnings, sales (property, publications, etc.),intergovernmental revenues (restricted and unrestricted), and total revenuesfrom all other governmental funds including enterprise, debt service, capitalprojects, and special revenues, but excluding revenues to funds held in atrust or agency capacity. For purposes of this test, the calculation of total
revenues shall exclude 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 expenditures , consisting of the sum of general fund operating
and nonoperating expenditures including public safety, public utilities,transportation, public works, environmental protection, cultural andrecreational, community development, revenue sharing, employee benefits andcompensation, office 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 thistest, the calculation of total expenditures shall exclude all transfersbetween funds under the direct control of the local government using thefinancial test (interfund transfers);
(c) Local revenues , consisting of total revenues (as defined in (a) of
this subsection) minus the sum of all transfers from other governmentalentities, 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 generalobligation bonds, revenue bonds, notes, mortgages, judgments, and interestbearing warrants. Excludes payments on noninterest-bearing short-termobligations, interfund obligations, amounts owed in a trust or agencycapacity, and advances and contingent loans from other governments;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
112 of 151 2/26/2018, 1:48 PM(e) Total funds , consisting of the sum of cash and investment securities
from all funds, including general, enterprise, debt service, capitalprojects, and special revenue funds, but excluding employee retirement funds,at the end of the local government's financial reporting year. Includesfederal 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 shall exclude agencyfunds, private trust funds, accounts receivable, value of real property, andother nonsecurity assets; and
(f) Population , consisting of the number of people in the area served by
the local government.
(5) Letter from chief financial officer.  To demonstrate that it meets
the financial test under subsection (3) of this section, the chief financialofficer 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 thefinancial test are prepared, a letter worded exactly as specified in WAC173-360A-1090, except that the instructions in brackets are to be replaced bythe 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 itno longer meets the requirements of the financial test based on the year-endfinancial 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 failure.  The department may
require reports of financial condition at any time from the local governmentowner or operator. If the department finds, on the basis of such reports orother information, that the local government owner or operator no longermeets the financial test requirements of subsection (3) of this section, theowner or operator must obtain alternate coverage within thirty days afternotification 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 coveragewithin one hundred fifty days of finding that it no longer meets therequirements of the financial test based on the year-end financial statementsor within thirty days of notification by the department that it no longermeets the requirements of the financial test, then by that date the owner oroperator shall notify the department of such failure and submit the evidenceof financial responsibility specified in WAC 173-360A-1040(2).
NEW 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 governmenthaving a "substantial governmental relationship" with the owner and operatorand issuing the guarantee as an act incident to that relationship.
(3) Test of guarantor.  A local government acting as the guarantor shall:http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
113 of 151 2/26/2018, 1:48 PM(a) Demonstrate that it meets the bond rating test requirements of WAC
173-360A-1070 and deliver a copy of the chief financial officer's letter asrequired in WAC 173-360A-1070(3) to the local government owner or operator;
(b) Demonstrate that it meets the financial test requirements of WAC
173-360A-1071 and deliver a copy of the chief financial officer's letter as
required in WAC 173-360A-1071(5) to the local government owner or operator;
or
(c) Demonstrate that it meets the local government fund requirements of
WAC 173-360A-1073 and deliver a copy of the chief financial officer's letteras required in WAC 173-360A-1073(4) to the local government owner oroperator.
(4) Content of guarantee.  The content of the guarantee depends on
whether the guarantor is a state or a local government and whether theguarantor 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 asdirected by the department, then the guarantee must be worded as specified inWAC 173-360A-1091, except that instructions in brackets are to be replacedwith 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 astandby trust as directed by the department, then the guarantee must beworded as specified in WAC 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 bythe department for taking remedial action or compensating third parties forbodily injury and property damage, then the guarantee must be worded asspecified in WAC 173-360A-1093, except that instructions in brackets are tobe 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 orcompensating third parties for bodily injury and property damage, then theguarantee must be worded as specified in WAC 173-360A-1094, except thatinstructions in brackets are to be replaced with relevant information and thebrackets deleted.
(5) Responsibilities upon failure of test.  If the local government
guarantor is unable to demonstrate financial assurance under WAC
173-360A-1070, 173-360A-1071, or 173-360A-1073, at the end of the financial
reporting year, then the guarantor shall send by certified mail, beforecancellation or nonrenewal of the guarantee, notice to the owner or operator.The guarantee will terminate no less than one hundred twenty days after thedate the owner or operator receives the notification, as evidenced by thereturn receipt. The owner or operator shall obtain alternate coverage asspecified in WAC 173-360A-1035(5).
NEW SECTION
WAC 173-360A-1073 Mechanism —Local government fund.
(1) Applicability of mechanism.  A local government owner or operator mayhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
114 of 151 2/26/2018, 1:48 PMsatisfy 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 otherfunds or otherwise used in normal operations.
(3) Local government fund requirements.  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 remedialaction and for compensating third parties for bodily injury and propertydamage caused by accidental releases arising from the operation ofunderground storage tanks and is funded for the full amount of coveragerequired under WAC 173-360A-1015, or funded for part of the required amountof 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 forgeneral emergencies, including taking remedial action and compensating thirdparties for bodily injury and property damage caused by accidental releasesarising from the operation of underground storage tanks, and is funded forfive times the full amount of coverage required under WAC 173-360A-1015, orfunded for part of the required amount of coverage and used in combinationwith other mechanism(s) that provide the remaining coverage. If the fund is
funded for less than five times the amount of coverage required under WAC
173-360A-1015, the amount of financial responsibility demonstrated by thefund 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 remedialaction and for compensating third parties for bodily injury and propertydamage caused by accidental releases arising from the operation ofunderground storage tanks. A payment must be made to the fund once every yearfor 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 fi nancial 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 necessaryprior to the issuance of bonds), for an amount equal to the differencebetween the required amount of coverage and the amount held in the dedicatedfund. This bonding authority shall be available for taking remedial actionand for compensating third parties for bodily injury and property damagecaused by accidental releases arising from the operation of undergroundstorage 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 bondinghttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
115 of 151 2/26/2018, 1:48 PMauthority will not increase the local government's debt beyond the legal debt
ceilings established by the relevant state laws. The letter must also statethat prior voter approval is not necessary before use of the bondingauthority.
(4) Letter from chief financial officer.  To demonstrate that it meets
the requirements of the local government fund, the chief financial officer of
the local government owner or operator and/or guarantor must sign a letterworded exactly as specified in WAC 173-360A-1095, except that theinstructions in brackets are to be replaced by the relevant information andthe brackets deleted.
NEW SECTION
WAC 173-360A-1080 Appendix A —Letter from chief financial officer.
I am the chief financial officer 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"] todemonstrate 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 arisingfrom operating (an) underground storage tank(s).
Underground 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 facilitywhere tanks assured by this financial test are located, and whether tanks areassured by this financial test. If separate mechanisms or combinations ofmechanisms 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 WAC 173-360A-0200.]
A [insert: "financial test," and/or "guarantee"] is also used by this
[insert: "owner or operator," or "guarantor"] to demonstrate evidence offinancial responsibility in the following amounts under other U.S.Environmental Protection Agency (EPA) regulations or state programsauthorized by EPA 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" qualificationhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
116 of 151 2/26/2018, 1:48 PMfrom an independent auditor on his financial statements for the latest
completed fiscal year.
[Fill in the information for Alternative I if the criteria of WAC
173-360A-1060 (2)(a) are being used to demonstrate compliance with thefinancial test requirements. Fill in the information for Alternative II if
the criteria of WAC 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 $10 million? Yes ___ No ___8. Is line 6 at least 10 times line 3? Yes ___ No ___9. Have financial statements for the latest fiscal year been filed with the U.S. Securities and
Exchange Commission? Yes ___ No ___
10. Have financial statements for the latest fiscal year been filed with the Energy Information
Administration? Yes ___ No ___
11. Have financial statements for the latest fiscal year been filed with the Rural Utilities Service? Yes ___ No ___12. Has financial information been provided to Dun and Bradstreet, and has Dun and Bradstreet
provided a financial strength rating of 4A or 5A? [Answer "Yes" only if both criteria have
been met] Yes ___ No ___
Alternative II
1. Amount of annual UST aggregate coverage being assured by a financial test, and/or
guarantee$_____
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. 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 ___http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
117 of 151 2/26/2018, 1:48 PM16. 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 independen t certified pub lic acco untant
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 WAC 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 theRegister 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 organized under the laws of (name of state), herein referred to asGuarantor, to the Washington 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 WAC
173-360A-1060 (2)(a) or (b) and (3) and agrees to comply with the
requirements for guarantors as specified in WAC 173-360A-1061(3).
2. [Owner or operator] owns or operates the following underground
storage tank(s) covered by this Guarantee: [List the number of tanks at eachfacility and the name(s) and address(es) of the facility(ies) where the tanksare located. If more than one instrument is used to assure different tanks atany one facility, for each tank covered by this instrument, list the tankidentification number provided in the notification submitted pursuant to WAC173-360A-0200, and the name and address of the facility.] This Guarantee
satisfies the requirements of Part 10 of chapter 173-360A WAC for assuring
funding for [insert: "Taking remedial action" and/or "compensating thirdparties for bodily injury and property damage caused by" either "suddenaccidental releases" or "nonsudden accidental releases" or "accidentalreleases"; if coverage is different for different tanks or locations,indicate the type of coverage applicable to each tank or location] arisingfrom operating the above-identified underground storage tank(s) in the amountof [insert dollar amount] per occurrence and [insert dollar amount] annualaggregate.
3. [Insert appropriate phrase: "On behalf of our subsidiary" (ifhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
118 of 151 2/26/2018, 1:48 PMGuarantor is corporate parent of the owner or operator); "On behalf of our
affiliate" (if Guarantor is a related firm of the owner or operator); or"Incident to our business relationship with" (if Guarantor is providing theGuarantee as an incident to a substantial business relationship with owner oroperator)] [owner or operator], Guarantor guarantees to the Washington 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 thisGuarantee and the Washington State Department of Ecology has determined orsuspects that a release has occurred at an underground storage tank coveredby this Guarantee, the Guarantor, upon instructions from the Department,shall fund a standby trust fund in accordance with the provisions of WAC173-360A-1050, in an amount not to exceed the coverage limits specifiedabove.
b. In the event that the Department determines that [owner or operator]
has failed to perform remedial action for releases arising out of theoperation of the above-identified tank(s) in accordance with WAC173-360A-0750, the Guarantor, upon written instructions from the Department,shall fund a standby trust in accordance with the provisions of WAC173-360A-1050, in an amount not to exceed the coverage limits specifiedabove.
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 amountagreed to in settlement of a claim arising from or alleged to arise from suchinjury or damage, the Guarantor, upon written instructions from theDepartment, shall fund a standby trust in accordance with the provisions ofWAC 173-360A-1050 to satisfy such judgment(s), award(s), or settlementagreement(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 WAC 173-360A-1060 (2)(a) or (b) and (3), Guarantor shall
send within 120 days of such failure, by certified mail, notice to [owner oroperator]. The Guarantee will terminate 120 days from the date of receipt ofthe 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 Title 11 (Bankruptcy), U.S. Code,naming Guarantor as debtor, within 10 days after commencement of theproceeding.
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 WAC.
7. Guarantor agrees to remain bound under this Guarantee for so long as
[owner or operator] shall comply with the applicable financial responsibilityrequirements of Part 10 of chapter 173-360A WAC for the above-identifiedtank(s), except that Guarantor may cancel this Guarantee by sending notice bycertified mail to [owner or operator], such cancellation to become effectiveno 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 othersimilar law;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
119 of 151 2/26/2018, 1:48 PMb. 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, orwatercraft;
d. Property damage to any property owned, rented, loaned to, in the
care, custody, or control of, or occupied by [insert owner or operator] thatis not the direct result of a release from an underground 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 acontract or agreement other than a contract or agreement entered into to meetthe requirements of WAC 173-360A-1015.
9. Guarantor expressly waives notice of acceptance of this Guarantee by
the Washington State Department of Ecology, by any or all third parties, or
by [owner or operator].
I hereby certify that the wording of this Guarantee is identical to the
wording specified in WAC 173-360A-1081 as such regulations were constituted
on the effective 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 theRegister 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 undergroundstorage 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 different tanks at any one facility, for
each tank covered by this instrument, list the tank identification numberprovided in the notification submitted pursuant to WAC 173-360A-0200, and thename and address of the facility.]http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
120 of 151 2/26/2018, 1:48 PMfor [insert: "taking remedial action" and/or "compensating third parties
for bodily injury and property damage caused by" either "sudden accidentalreleases" or "nonsudden accidental releases" or "accidental release"; inaccordance with and subject to the limits of liability, exclusions,conditions, and other terms of the policy; if coverage is different for
different tanks or locations, indicate the type of coverage applicable to
each tank or location] arising from operating the underground 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'sliability; if the amount of coverage is different for different types ofcoverage or for different underground storage tanks or locations, indicatethe amount of coverage for each type of coverage and/or for each undergroundstorage 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 effective date of said policy is [date].
2. The insurance afforded with respect to such occurrences is subject to
all of the terms and conditions of the policy; provided, however, that anyprovisions inconsistent with subsections (a) through (e) of this Paragraph 2are hereby amended to conform with subsections (a) through (e):
a. Bankruptcy or insolvency of the insured shall not relieve the
["Insurer" or "Group"] of its obligations under the policy to which thisendorsement 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 remedialaction or a damaged third-party, with a right of reimbursement by the insuredfor any such payment made by the ["Insurer" or "Group"]. This provision doesnot apply with respect to that amount of any deductible for which coverage isdemonstrated under another mechanism or combination of mechanisms asspecified in WAC 173-360A-1060 through 173-360A-1065 and 173-360A-1070through 173-360A-1073.
c. Whenever requested by the Washington 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 misrepresentationby the insured, will be effective only upon written notice and only after theexpiration of 60 days after a copy of such written notice is received by theinsured. Cancellation for nonpayment of premium or misrepresentation by theinsured will be effective 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 effectivedate of cancellation or nonrenewal of the policy except where the new orrenewed policy has the same retroactive date or a retroactive date earlierthan that of the prior policy, and which arise out of any covered occurrencethat 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, includinglimits of liability, and exclusions of the policy.]
I hereby certify that the wording of this instrument is identical to thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
121 of 151 2/26/2018, 1:48 PMwording in WAC 173-360A-1082 and that the ["Insurer" or "Group"] is
["licensed to transact the business of insurance or eligible to provideinsurance 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, WA 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 underground 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 thanone instrument is used to assure different tanks at any one facility, foreach tank covered by this instrument, list the tank identification numberprovided in the notification submitted pursuant to WAC 173-360A-0200, and thename 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 releases"; inaccordance with and subject to the limits of liability, exclusions,conditions, and other terms of the policy; if coverage is different fordifferent tanks or locations, indicate the type of coverage applicable toeach tank or location] arising from operating the underground storage tank(s)identified above.
The limits of liability are [insert the dollar amount of the "eachhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
122 of 151 2/26/2018, 1:48 PMoccurrence" and "annual aggregate" limits of the Insurer's or Group's
liability; if the amount of coverage is different for different types ofcoverage or for different underground storage tanks or locations, indicatethe amount of coverage for each type of coverage and/or for each undergroundstorage 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 effective 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 shall not relieve the
["Insurer" or "Group"] of its obligations under the policy to which thiscertificate 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 doesnot apply with respect to that amount of any deductible for which coverage isdemonstrated under another mechanism or combination of mechanisms asspecified in WAC 173-360A-1060 through 173-360A-1065 and 173-360A-1070through 173-360A-1073.
c. Whenever requested by the Washington State Department of Ecology, the
["Insurer" or "Group"] agrees to furnish the Department a signed duplicateoriginal 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 misrepresentationby the insured, will be effective only upon written notice and only after theexpiration of 60 days after a copy of such written notice is received by theinsured. Cancellation for nonpayment of premium or misrepresentation by theinsured will be effective only upon written notice and only after expirationof a minimum of 10 days after a copy of such notice is received by theinsured.
[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 effectivedate of the cancellation or nonrenewal of the policy except where the new orrenewed policy has the same retroactive date or a retroactive date earlierthan that of the prior policy, and which arise out of any covered occurrencethat commenced after the policy retroactive date, if applicable, and prior tosuch policy renewal or termination date. Claims reported during such extendedreporting 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 WAC 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 Servicehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
123 of 151 2/26/2018, 1:48 PMP.O. Box 9034
Olympia, WA 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 theRegister 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:Principal: [legal name and business address of owner or operator]Type of organization: [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. Ifmore than one instrument is used to assure different tanks at any onefacility, for each tank covered by this instrument, list the tankidentification number provided in the notification submitted pursuant to WAC173-360A-0200, and the name and address of the facility. List the coverage
guaranteed by the bond: "Taking remedial action" and/or "compensating third
parties for bodily injury and property damage caused by" either "suddenaccidental releases" or "nonsudden accidental releases" or "accidentalreleases" "arising from operating the underground 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 Washington 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 andseverally; provided that, where the Surety(ies) are corporations acting asco-sureties, we, the Sureties, bind ourselves in such sums jointly andseverally only for the purpose of allowing a joint action or actions againstany 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 onlyas is set forth opposite the name of such Surety, but if no limit of
liability is indicated, the limit of liability shall be the full amount of
the penal sums.
Whereas said Principal is required under the Solid Waste Disposal Act,
as amended, and chapter 
90.76 RCW to provide financial assurance for [insert:
"Taking remedial action" and/or "compensating third parties for bodily injuryand property damage caused by" either "sudden accidental releases" or"nonsudden accidental releases" or "accidental releases"; if coverage isdifferent for different tanks or locations, indicate the type of coverageapplicable to each tank or location] arising from operating the underground
storage tanks identified above; and
Whereas said Principal shall establish a standby trust fund as is
required when a surety bond is used to provide such financial assurance;http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
124 of 151 2/26/2018, 1:48 PMNow, therefore, the conditions of the obligation are such that if the
Principal shall faithfully ["take remedial action, in accordance with WAC173-360A-0750 and the Washington State Department of Ecology's instructionsfor," and/or "compensate injured third parties for bodily injury and propertydamage 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 shall provide alternatefinancial assurance, as specified in Part 10 of chapter 173-360A WAC, within120 days after the date the notice of cancellation is received by thePrincipal from the Surety(ies), then this obligation shall be null and void;otherwise it is to remain in full force and effect.
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, orwatercraft;
(4) Property damage to any property owned, rented, loaned to, in the
care, custody, or control of, or occupied by [insert owner or operator] thatis not the direct result of a release from an underground storage tank;
(5) Bodily injury or property damage for which [insert owner or
operator] is obligated to pay damages by reason of the assumption ofliability in a contract or agreement other than a contract or agreemententered into to meet the requirements of WAC 173-360A-1015.
The Surety(ies) shall become liable on this bond obligation only when
the Principal has failed to fulfill the conditions described above.
Upon notification by the Washington State Department of Ecology that the
Principal has failed to ["take remedial action, in accordance with WAC173-360A-0750 and the Department's instructions" and/or "compensate injured
third parties"] as guaranteed by this bond, the Surety(ies) shall either
perform ["remedial action in accordance with WAC 173-360A-0750 and theDepartment's instructions" and/or "third-party liability compensation"] orplace funds in an amount up to the annual aggregate penal sum into thestandby trust fund as directed by the Department under WAC 173-360A-1050.
Upon notification by the Department that the Principal has failed to
provide alternate financial assurance within 60 days after the date thenotice 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) shall place funds in an amount not exceeding the annualaggregate penal sum into the standby trust fund as directed by the Departmentunder WAC 173-360A-1050.
The Surety(ies) hereby waive(s) notification of amendments to applicable
laws, statutes, rules, and regulations and agrees that no such amendmentshall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment
or succession of payments hereunder, unless and until such payment or
payments shall amount in the annual aggregate to the penal sum shown on the
face of the bond, but in no event shall 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 shallhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
125 of 151 2/26/2018, 1:48 PMnot 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 affixed 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 andSurety(ies) and that the wording of this surety bond is identical to thewording specified in WAC 173-360A-1084 as such regulations were constitutedon the date this bond was executed.
Principal
[Signature(s)]
[Name(s)][Title(s)][Corporate seal]
Corporate Surety(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 theRegister pursuant to the requirements of RCW 
34.08.040 .
NEW SECTION
WAC 173-360A-1085 Appendix F —Irrevocable standby letter of credit.
[Name and address of issuing institution][Name and address of the Washington State Department of Ecology]Dear Sir or Madam: We 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 [inwords] U.S. dollars ($[insert dollar amount]), available upon presentation
of:
(1) Your sight draft, bearing reference to this letter of credit, No. .
. . .; and
(2) Your signed statement reading as follows: "I certify that the amount
of the draft is payable pursuant to regulations issued under authority of theSolid Waste Disposal Act, as amended, and chapter 
90.76 RCW."
This letter of credit may be drawn on to cover [insert: "taking remedial
action" and/or "compensating third parties for bodily injury and propertydamage caused by" either "sudden accidental releases" or "nonsudden
accidental releases" or "accidental releases"] arising from operating the
underground storage tank(s) identified below in the amount of [in words]http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
126 of 151 2/26/2018, 1:48 PM$[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 thanone instrument is used to assure different 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 thename 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 othersimilar 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, orwatercraft;
(d) Property damage to any property owned, rented, loaned to, in the
care, custody, or control of, or occupied by [insert owner or operator] thatis not the direct result of a release from an underground storage tank;
(e) Bodily injury or property damage for which [insert owner or
operator] is obligated to pay damages by reason of the assumption ofliability in a contract or agreement other than a contract or agreement
entered into to meet the requirements of WAC 173-360A-1015.
This letter of credit is effective as of [date] and shall expire on
[date], but such expiration date shall be automatically extended for a periodof [at least the length of the original term] on [expiration date] and oneach successive expiration date, unless, at least 120 days before the currentexpiration date, we notify [owner or operator] by certified mail that we havedecided not to extend this letter of credit beyond the current expirationdate. In the event that [owner or operator] is so notified, any unusedportion of the credit shall be 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 shall duly honor such draft upon presentation tous, and we shall deposit the amount of the draft directly into the standbytrust 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 WAC 173-360A-1085 as such regulations were constitutedon the date shown immediately below.
[Signature(s) and title(s) of official(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 theInternational 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 theRegister pursuant to the requirements of RCW 
34.08.040 .http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
127 of 151 2/26/2018, 1:48 PMNEW SECTION
WAC 173-360A-1086 Appendix G —Trust agreement.
Trust agreement, the "Agreement," entered into as of [date] by and
between [name of the owner or operator], a Washington state [insert"corporation," "partnership," "association," or "proprietorship"], the"Grantor," and [name of corporate trustee], [insert "Incorporated in the
state of Washington" or "a national bank"], the "Trustee."
Whereas, the Department of Ecology, "Ecology", an agency of the state of
Washington, has established certain regulations applicable to the grantor,requiring that an owner or operator of an underground storage tank shallprovide assurance that funds will be available when needed for remedialaction and third-party compensation for bodily injury and property damagecaused by sudden and nonsudden accidental releases arising from the operationof the underground 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" wheretrust 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 ofsuch financial assurance for the underground storage tanks identified hereinand is required to establish a standby trust fund able to accept paymentsfrom the instrument (This paragraph is only applicable to the standby trustagreement.)];
Whereas, the Grantor, acting through its duly authorized officers, has
selected the Trustee to be the trustee under this Agreement, and the Trusteeis willing to act as trustee;
Now, therefore, the Grantor and the Trustee 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 "Trustee" means the Trustee who enters into this agreement
and any successor Trustee.
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 whichthe standby trust fund is established to receive payments (This paragraph isonly applicable to the standby trust agreement.)].
Section 3. Establishment of Fund.
The Grantor and the Trustee hereby establish a trust fund, the "fund,"
for the benefit of the Washington State Department of Ecology. The Grantorand the Trustee intend that no third party have access to the fund except asherein provided. [The fund is established initially as a standby to receivepayments and shall not consist of any property.] Payments made by the
provider of financial assurance pursuant to the Washington State Department
of Ecology's instruction are transferred to the Trustee and are referred toas the fund, together with all earnings and profits thereon, less anypayments or distributions made by the Trustee pursuant to this Agreement. Thefund shall be held by the Trustee, 
IN TRUST, as thereinafter provided. The
Trustee shall not be responsible nor shall it undertake any responsibilityhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
128 of 151 2/26/2018, 1:48 PMfor the amount or adequacy of, nor any duty to collect from the Grantor as
provider of financial assurance, any payments necessary to discharge anyliability of the Grantor established by the Washington State Department ofEcology.
Section 4. Payment for ["Remedial Action" and/or "Third-Party Liability
Claims"].
The trustee shall make payments from the fund as the Washington State
Department of Ecology shall direct, in writing, to provide for the payment ofthe costs of [insert: "taking remedial action" and/or "compensating thirdparties 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 financialassurance 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 othersimilar 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, orwatercraft;
(d) Property damage to any property owned, rented, loaned to, in the
care, custody, or control of, or occupied by [insert owner or operator] thatis not the direct result of a release from an underground 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 WAC 173-360A-1015.
The Trustee shall reimburse the Grantor, or other persons as specified
by the Department from the fund for remedial action expenditures and/orthird-party liability claims in such amounts as the Department shall directin writing. In addition, the Trustee shall refund to the Grantor such amountsas the Department specifies in writing. Upon refund, such funds shall nolonger constitute part of the fund as defined herein.
Section 5. Payments Comprising the Fund.
Payments made to the Trustee for the fund shall consist of cash and
securities acceptable to the Trustee.
Section 6. Trustee Management.
The Trustee shall invest and reinvest the principal and income of the
fund and keep the fund invested as a single fund, without distinction betweenprincipal and income, in accordance with general investment policies andguidelines which the Grantor may communicate in writing to the trustee fromtime to time, subject, however, to the provisions of this section. In
investing, reinvesting, exchanging, selling, and managing the fund, the
Trustee shall discharge his duties with respect to the trust fund solely inthe interest of the beneficiaries and with the care, skill, prudence, anddiligence under the circumstances then prevailing which persons of prudence,acting in a like capacity and familiar with such matters, would use in theconduct of an enterprise of a like character and with like aims; except that:
(a) Securities or other obligations of the Grantor, or any other ownerhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
129 of 151 2/26/2018, 1:48 PMor operator of the tanks, or any of their affiliates as defined in the
Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(1), shall not beacquired or held, unless they are securities or other obligations of thefederal or a state government;
(b) The Trustee is authorized to invest the fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the federal or
state government; and
(c) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for thepayment of interest thereon.
Section 7. Commingling and Investment.
The Trustee is expressly authorized in its discretion:
(a) To 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 Trustee inwhich the fund is eligible to participate, subject to all of the provisionsthereof, to be commingled with the assets of other trusts participatingtherein; and
(b) To 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 isrendered or the shares of which are sold by the Trustee. The Trustee may votesuch shares in its discretion.
Section 8. Express Powers of Trustee.
Without in any way limiting the powers and discretions conferred upon
the Trustee by the other provisions of this Agreement or by law, the Trusteeis expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale. No person dealing with theTrustee shall be bound to see to the application of the purchase money or toinquire into the validity or expediency of any such sale or otherdisposition;
(b) To make, execute, acknowledge, and deliver any and all documents of
transfer and conveyance and any and all other instruments that may benecessary or appropriate to carry out the powers herein granted;
(c) To 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 bookentry, or to combine certificates representing such securities withcertificates of the same issue held by the Trustee in other fiduciarycapacities, or to deposit or arrange for the deposit of such securities in aqualified central depository even though, when so deposited, such securities
may be merged and held in bulk in the name of the nominee of such depository
with other securities deposited therein by another person, or to deposit orarrange for the deposit of any securities issued by the United Statesgovernment, or any agency or instrumentality thereof, with a Federal Reservebank, but the books and records of the Trustee shall at all times show thatall such securities are part of the fund;
(d) To deposit any cash in the fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its separatecorporate capacity, or in any other banking institution affiliated with the
Trustee, to the extent insured by an agency of the federal or state
government; and
(e) To compromise or otherwise adjust all claims in favor of or againsthttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
130 of 151 2/26/2018, 1:48 PMthe fund.
Section 9. Taxes 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 shallbe paid from the fund. All other expenses incurred by the Trustee inconnection with the administration of this trust, including fees for legalservices rendered to the Trustee, the compensation of the Trustee to theextent not paid directly by the Grantor, and all other proper charges anddisbursements of the Trustee shall be paid from the fund.
Section 10. Advice of Counsel.
The Trustee may from time to time consult with counsel, who may be
counsel to the Grantor, with respect to any questions arising as to theconstruction of this Agreement or any action to be taken hereunder. TheTrustee shall be fully protected, to the extent permitted by law, in acting
upon the advice of counsel.
Section 11. Trustee Compensation.
The Trustee shall be entitled to reasonable compensation for its
services as agreed upon in writing from time to time with the Grantor.
Section 12. Successor Trustee.
The Trustee may resign or the Grantor may replace the Trustee, but such
resignation or replacement shall not be effective until the Grantor hasappointed a successor trustee and this successor accepts the appointment. The
successor trustee shall have the same powers and duties as those conferred
upon the Trustee hereunder. Upon the successor trustee's acceptance of theappointment, the Trustee shall assign, transfer, and pay over to thesuccessor trustee the funds and properties then constituting the fund. If forany reason the Grantor cannot or does not act in the event of the resignationof the Trustee, the Trustee may apply to a court of competent jurisdictionfor the appointment of a successor trustee or for instructions. The successortrustee shall specify the date on which it assumes administration of thetrust in writing sent to the Grantor and the present Trustee by certified
mail 10 days before such change becomes effective. Any expenses incurred by
the Trustee as a result of any of the acts contemplated by this section shallbe paid as provided in Section 9 .
Section 13. Instructions to the Trustee.
All orders, requests, and instructions by the Grantor to the Trustee
shall be in writing, signed by such persons as are designated in the attachedSchedule B or such other designees as the Grantor may designate by amendmentto Schedule B. The Trustee shall be fully protected in acting without inquiryin accordance with the Grantor's orders, requests, and instructions. Allorders, requests, and instructions by the Washington State Department ofEcology to the Trustee shall be in writing, signed by the Department, and theTrustee shall act and shall be fully protected in acting in accordance withsuch orders, requests, and instructions. The Trustee shall have 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 acton behalf of the Grantor or the Department, hereunder has occurred. TheTrustee shall have no duty to act in the absence of such orders, requests,and instructions from the Grantor and/or the Department, except as providedhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
131 of 151 2/26/2018, 1:48 PMfor herein.
Section 14. Amendment of Agreement.
This Agreement may be amended by an instrument in writing executed by
the Grantor and the Trustee, or by the Trustee and the Washington StateDepartment of Ecology, if the Grantor ceases to exist.
Section 15. Irrevocability and Termination.
Subject to the right of the parties to amend this Agreement as provided
in Section 14, this trust shall be irrevocable and shall continue untilterminated at the written direction of the Grantor and the Trustee, or by theTrustee and the Washington State Department of Ecology, if the Grantor ceasesto exist. Upon termination of the trust, all remaining trust property, lessfinal trust administration expenses, shall be delivered to the Grantor.
Section 16. Immunity and Indemnification.
The Trustee shall not incur personal liability of any nature in
connection with any act or omission, made in good faith, in theadministration of this trust, or in carrying out any directions by theGrantor or the Washington State Department of Ecology, issued in accordancewith this agreement. The Trustee shall be indemnified and saved harmless by
the Grantor, from and against any personal liability to which the Trustee may
be subjected by reason of any act or conduct in its official capacity,including all expenses reasonably incurred in its defense in the event theGrantor fails to provide such defense.
Section 17. Choice of Law.
This Agreement shall be administered, construed, and enforced according
to the laws of the state of Washington, or the Comptroller of the Currency inthe case of National Association banks.
Section 18. Interpretation.
As used in this Agreement, words in the singular include the plural and
words in the plural include the singular. The descriptive headings for eachsection of this Agreement shall not affect the interpretation or the legalefficacy of this Agreement.
In witness whereof the parties have caused this Agreement to be executed
by their respective officers duly authorized and their corporate seals (ifapplicable) to be hereunto affixed and attested as of the date first abovewritten. The parties below certify that the wording of this Agreement isidentical to the wording specified in WAC 173-360A-1086 as such regulationswere constituted on the date written above.
[Signature of Grantor]
[Name of the Grantor]
[Title]
Attest:
[Signature of Trustee]
[Name of the Trustee][Title][Seal]
Attest:
[Signature of Witness][Name of Witness]http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
132 of 151 2/26/2018, 1:48 PM[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 theRegister pursuant to the requirements of RCW 
34.08.040 .
NEW SECTION
WAC 173-360A-1087 Appendix H —Certification of acknowledgment.
State of WashingtonCounty 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 describedin and which executed the above instrument; that she/he knows the seal ofsaid corporation; that the seal affixed to such instrument is such corporate
seal; that it was so affixed 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 theRegister pursuant to the requirements of RCW 
34.08.040 .
NEW SECTION
WAC 173-360A-1088 Appendix I —Local government bond rating test —Letter
from chief financial officer of general purpose local governments.
I am the chief financial officer of [insert: name and address of local
government owner or operator, or guarantor]. This letter is in support of theuse of the bond rating test to demonstrate financial responsibility for[insert: "taking remedial action" and/or "compensating third parties forbodily injury and property damage"] caused by [insert: "sudden accidentalreleases" 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) underground storagetank(s).
Underground storage tanks at the following facilities are assured by
this bond rating test: [List for each facility: the name and address of thefacility 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 beingused 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 refundedhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
133 of 151 2/26/2018, 1:48 PMbond issues, exceeds the minimum amount of $1 million. All outstanding
general obligation bonds issued by this government that have been rated byMoody's or Standard & Poor's are rated as at least investment grade (Moody'sBaa or Standard & Poor's BBB) based on the most recent ratings publishedwithin 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 outstandingbond issues.
I hereby certify that the wording of this letter is identical to the
wording specified in WAC 173-360A-1088 as such regulations were constitutedon 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 theRegister pursuant to the requirements of RCW 
34.08.040 .
NEW SECTION
WAC 173-360A-1089 Appendix J —Local government bond rating test —Letter
from chief financial officer of non-general purpose local governments.
I am the chief financial officer of [insert: name and address of local
government owner or operator, or guarantor]. This letter is in support of theuse 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 accidentalreleases" or "nonsudden accidental releases" or "accidental releases"] in theamount of at least [insert: dollar amount] per occurrence and [insert: dollaramount] annual aggregate arising from operating (an) underground storagetank(s). This local government is not organized to provide generalgovernmental services and does not have the legal authority under state lawor constitutional provisions to issue general obligation debt.
Underground 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 thatare 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 outstandingrevenue bonds issued by this government that have been rated by Moody's orStandard & Poor's are rated as at least investment grade (Moody's Baa orStandard & Poor's BBB) based on the most recent ratings published within the
last 12 months. The revenue bonds listed are not backed by third-party credithttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
134 of 151 2/26/2018, 1:48 PMenhancement or insured by a municipal bond insurance company. Neither rating
service has provided notification within the last 12 months of downgrading ofbond ratings below investment grade or of withdrawal of bond rating otherthan for repayment of outstanding bond issues.
I hereby certify that the wording of this letter is identical to the
wording specified in WAC 173-360A-1089 as such regulations were constitutedon 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
from chief financial officer.
I am the chief financial officer of [insert: name and address of the
owner or operator]. This letter is in support of the use of the localgovernment financial test to demonstrate financial responsibility for[insert: "taking remedial action" and/or "compensating third parties forbodily injury and property damage"] caused by [insert: "sudden accidentalreleases" or "nonsudden accidental releases" or "accidental releases"] in theamount of at least [insert: dollar amount] per occurrence and [insert: dollar
amount] annual aggregate arising from operating [an] underground storage
tank[s].
Underground storage tanks at the following facilities are assured by
this financial test [List for each facility: the name and address of thefacility where tanks assured by this financial test are located. If separatemechanisms or combinations of mechanisms are being used to assure any of thetanks at this facility, list each tank assured by this financial test by thetank identification number provided in the notification submitted pursuant toWAC 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 statementsfor the latest completed fiscal year. Any outstanding issues of generalobligation 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 bothfirms, 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 Test
Part I – Basic Information
1. Total Revenues
a. Revenues (dollars): _________Value of revenues excludes liquidation of investments and issuance of
debt. Value 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, buthttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
135 of 151 2/26/2018, 1:48 PMexcluding revenues to funds held in a trust or agency capacity.
b. Subtract interfund transfers (dollars): _________c. Total Revenues (dollars): __________2. Total Expendituresa. Expenditures (dollars): _________
Value consists of the sum of general fund operating and non-operating
expenditures including interest payments on debt, payments for retirement ofdebt principal, and total expenditures from all other governmental fundsincluding enterprise, debt service, capital projects, and special revenues.
b. Subtract interfund transfers (dollars): _________c. Total Expenditures (dollars): __________3. Local Revenuesa. Total Revenues (from 1c) (dollars): _________b. Subtract total intergovernmental transfers (dollars): _________
c. Local Revenues (dollars): __________
4. Debt Servicea. Interest and fiscal charges (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 trustfunds.
6. Population (Persons): _________
Part II – Application of Test
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 Populationa. 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 Total Revenuesa. 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 Populationa. 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: __________http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
136 of 151 2/26/2018, 1:48 PM11. Debt Service to Total Revenues
a. Debt Service (from 4c): _________b. Total Revenues (from 1c): _________c. Divide 11a by 11b: _________d. Subtract 0.068: _________
e. Divide by 0.259: _________
f. Multiply by –3.533: __________12. Total Revenues to Total Expensesa. Total Revenues (from 1c): _________b. Total Expenses (from 2c): _________c. Divide 12a by 12b: _________d. Subtract 0.910: _________e. Divide by 0.899: _________f. Multiply by 3.458: __________
13. Funds Balance to Total 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 Total Expensesa. 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. Total Funds to Populationa. 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 + 11f + 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 isidentical to the wording specified in WAC 173-360A-1090 as such regulationswere 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 SECTIONhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
137 of 151 2/26/2018, 1:48 PMWAC 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 Washington State Department of Ecology and to any and allthird parties, and obliges, on behalf of [local government owner oroperator].
Recitals
1. Guarantor is a state.
2. [Local government owner or operator] owns or operates the following
underground storage tank(s) covered by this Guarantee: [List the number oftanks 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 assuredifferent tanks at any one facility, for each tank covered by thisinstrument, list the tank identification number provided in the notification
submitted pursuant to WAC 173-360A-0200, and the name and address of the
facility.] This Guarantee satisfies requirements of Part 10 of chapter173-360A WAC for assuring funding for [insert: "taking remedial action"and/or "compensating third parties for bodily injury and property damagecaused by" either "sudden accidental releases" or "nonsudden accidentalreleases" or "accidental releases"; if coverage is different for differenttanks or locations, indicate the type of coverage applicable to each tank orlocation] arising from operating the above-identified underground storagetank(s) in the amount of [insert dollar amount] per occurrence and [insert
dollar amount] annual aggregate.
3. Guarantor guarantees to the Washington 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 ofcancellation of this Guarantee and the Washington State Department of Ecologyhas determined or suspects that a release has occurred at an undergroundstorage tank covered by this Guarantee, the Guarantor, upon instructions fromthe Department shall 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 [local government
owner or operator] has failed to perform remedial action for releases arisingout of the operation of the above-identified tanks(s) in accordance with WAC173-360A-0750, the Guarantor upon written instructions from the Departmentshall fund a standby trust fund in accordance with the provisions of WAC173-360A-1050, in an amount not to exceed the coverage limits specifiedabove.
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 thirdparties caused by ["sudden" and/or "nonsudden"] accidental releases arisingfrom the operation of the above-identified tank(s), or fails to pay an amountagreed to in settlement of a claim arising from or alleged to arise from suchinjury or damage, the Guarantor, upon written instructions from theDepartment, shall fund a standby trust in accordance with the provisions ofWAC 173-360A-1050 to satisfy such judgment(s), award(s), or settlementagreement(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 Title 11 (Bankruptcy), U.S. Codenaming Guarantor as debtor, within 10 days after commencement of thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
138 of 151 2/26/2018, 1:48 PMproceeding.
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 WAC.
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 forthe above identified tank(s), except that Guarantor may cancel this Guaranteeby sending notice by certified mail to [owner or operator], such cancellationto become effective 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: localgovernment owner or operator];
c. Bodily injury or property damage arising from the ownership,
maintenance, use, or entrustment to others of any aircraft, motor vehicle, orwatercraft;
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 underground
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 acontract or agreement other than a contract or agreement entered into to meetthe requirements of WAC 173-360A-1015.
8. Guarantor expressly waives notice of acceptance of this Guarantee by
the Washington State Department of Ecology, by any or all third parties, orby [local government owner or operator].
I hereby certify that the wording of this Guarantee is identical to the
wording specified in WAC 173-360A-1091 as such regulations were constituted
on the effective 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 theRegister 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 organized under the laws of [name of state], herein referred to ashttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
139 of 151 2/26/2018, 1:48 PMGuarantor, to the Washington State Department of Ecology and to any and all
third parties, and obliges, on behalf of [local government owner oroperator].
Recitals
1. Guarantor meets or exceeds [select one: the local government bond
rating test requirements of WAC 173-360A-1070, the local government financialtest requirements of WAC 173-360A-1071, or the local government fundrequirements of WAC 173-360A-1073].
2. [Local government owner or operator] owns or operates the following
underground 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 assuredifferent tanks at any one facility, for each tank covered by thisinstrument, list the tank identification number provided in the notificationsubmitted pursuant to WAC 173-360A-0200, and the name and address of thefacility.] This Guarantee satisfies the requirements of Part 10 of chapter173-360A WAC 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 different for differenttanks or locations, indicate the type of coverage applicable to each tank orlocation] arising from operating the above-identified underground storagetank(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 Washington StateDepartment 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 ofcancellation of this Guarantee and the Washington State Department of Ecologyhas determined or suspects that a release has occurred at an undergroundstorage tank covered by this Guarantee, the Guarantor, upon instructions fromthe Department shall fund a standby trust fund in accordance with theprovisions of WAC 173-360A-1050, in an amount not to exceed the coveragelimits 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 WAC173-360A-0750, the Guarantor upon written instructions from the Departmentshall fund a standby trust fund in accordance with the provisions of WAC173-360A-1050, in an amount not to exceed the coverage limits specifiedabove.
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 thirdparties 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 suchinjury or damage, the Guarantor, upon written instructions from theDepartment, shall fund a standby trust in accordance with the provisions ofWAC 173-360A-1050 to satisfy such judgment(s), award(s), or settlementagreement(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 thehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
140 of 151 2/26/2018, 1:48 PMrequirements of the financial responsibility mechanism specified in paragraph
(1), Guarantor shall send within 120 days of such failure, by certified mail,notice to [local government owner or operator], as evidenced by the returnreceipt.
5. Guarantor agrees to notify [owner or operator] by certified mail of a
voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code
naming Guarantor as debtor, within 10 days after commencement of theproceeding.
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 WAC.
7. Guarantor agrees to remain bound under this Guarantee for so long as
[local government owner or operator] must comply with the applicablefinancial 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 cancellationto become effective 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 lawor 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, orwatercraft;
d. Property damage to any property owned, rented, loaned to, in the
care, custody, or control of, or occupied by [insert: local government owneror operator] that is not the direct result of a release from an undergroundstorage tank;
e. Bodily damage or property damage for which [insert: owner or
operator] is obligated to pay damages by reason of the assumption ofliability in a contract or agreement other than a contract or agreemententered into to meet the requirements of WAC 173-360A-1015.
9. Guarantor expressly waives notice of acceptance of this Guarantee by
the Washington State Department of Ecology, by any or all third parties, orby [local government owner or operator].
I hereby certify that the wording of this Guarantee is identical to the
wording specified in WAC 173-360A-1092 as such regulations were constitutedon the effective 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 theRegister pursuant to the requirements of RCW 
34.08.040 .http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
141 of 151 2/26/2018, 1:48 PMNEW 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 Washington State Department of Ecology and to any and allthird 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
underground 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 assuredifferent tanks at any one facility, for each tank covered by thisinstrument, list the tank identification number provided in the notificationsubmitted pursuant to WAC 173-360A-0200, and the name and address of thefacility.] This Guarantee satisfies the requirements of Part 10 of chapter173-360A WAC 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 different for differenttanks or locations, indicate the type of coverage applicable to each tank orlocation] arising from operating the above-identified underground storagetank(s) in the amount of [insert: dollar amount] per occurrence and [insert:dollar amount] annual aggregate.
3. Guarantor guarantees to the Washington 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 ofcancellation of this Guarantee and the Washington State Department of Ecologyhas determined or suspects that a release has occurred at an undergroundstorage tank covered by this Guarantee, the Guarantor, upon writteninstructions from the Department shall make funds available to pay forremedial actions and compensate third parties for bodily injury and propertydamage 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 WAC173-360A-0750, the Guarantor upon written instructions from the Departmentshall make funds available to pay for remedial actions in an amount not toexceed 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 thirdparties caused by ["sudden" and/or "nonsudden"] accidental releases arisingfrom 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 theDepartment, shall make funds available to compensate third parties for bodilyinjury and property damage in an amount not to exceed the coverage limitsspecified above.
4. Guarantor agrees to notify [owner or operator] by certified mail of a
voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Codehttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
142 of 151 2/26/2018, 1:48 PMnaming 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 WAC.
6. Guarantor agrees to remain bound under this Guarantee for so long as
[local government owner or operator] must comply with the applicablefinancial responsibility requirements of Part 10 of chapter 173-360A WAC forthe above identified tank(s), except that Guarantor may cancel this Guaranteeby sending notice by certified mail to [owner or operator], such cancellationto become effective no earlier than 120 days after receipt of such notice by[owner or operator], as evidenced by the return receipt. If notified of aprobable release, the Guarantor agrees to remain bound to the terms of thisGuarantee for all charges 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 lawor 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: localgovernment owner or operator];
c. Bodily injury or property damage arising from the ownership,
maintenance, use, or entrustment to others of any aircraft, motor vehicle, orwatercraft;
d. Property damage to any property owned, rented, loaned to, in the
care, custody, or control of, or occupied by [insert: local government owneror operator] that is not the direct result of a release from an undergroundstorage 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 WAC 173-360A-1015.
8. Guarantor expressly waives notice of acceptance of this Guarantee by
the Washington State Department of Ecology, by any or all third parties, orby [local government owner or operator].
I hereby certify that the wording of this Guarantee is identical to the
wording specified in WAC 173-360A-1093 as such regulations were constitutedon the effective 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 SECTIONhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
143 of 151 2/26/2018, 1:48 PMWAC 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 organized under the laws of [name of state], herein referred to asGuarantor, to the Washington State Department of Ecology and to any and allthird parties, and obliges, on behalf of [local government owner oroperator].
Recitals
1. Guarantor meets or exceeds [select one: the local government bond
rating test requirements of WAC 173-360A-1070, the local government financialtest requirements of WAC 173-360A-1071, or the local government fundrequirements of WAC 173-360A-1073].
2. [Local government owner or operator] owns or operates the following
underground 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 assuredifferent tanks at any one facility, for each tank covered by thisinstrument, list the tank identification number provided in the notificationsubmitted pursuant to WAC 173-360A-0200, and the name and address of thefacility.] This Guarantee satisfies the requirements of Part 10 of chapter173-360A WAC for assuring funding for [insert: "taking remedial action"and/or "compensating third parties for bodily injury and property damagecaused by" either "sudden accidental releases" or "nonsudden accidental
releases" or "accidental releases"; if coverage is different for different
tanks or locations, indicate the type of coverage applicable to each tank orlocation] arising from operating the above-identified underground storagetank(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 Washington StateDepartment 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 Washington State Department of Ecologyhas determined or suspects that a release has occurred at an undergroundstorage tank covered by this Guarantee, the Guarantor, upon writteninstructions from the Department shall make funds available to pay forremedial actions and compensate third parties for bodily injury and propertydamage 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 WAC
173-360A-0750, the Guarantor upon written instructions from the Departmentshall make funds available to pay for remedial actions in an amount not toexceed 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 thirdparties caused by ["sudden" and/or "nonsudden"] accidental releases arisingfrom the operation of the above-identified tank(s), or fails to pay an amountagreed 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, shall make funds available to compensate third parties for bodilyinjury and property damage in an amount not to exceed the coverage limitshttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
144 of 151 2/26/2018, 1:48 PMspecified 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 therequirements of the financial responsibility mechanism specified in paragraph(1), Guarantor shall 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 Title 11 (Bankruptcy), U.S. Codenaming Guarantor as debtor, within 10 days after commencement of theproceeding.
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 WAC.
7. Guarantor agrees to remain bound under this Guarantee for so long as
[local government owner or operator] must comply with the applicablefinancial responsibility requirements of Part 10 of chapter 173-360A WAC forthe above identified tank(s), except that Guarantor may cancel this Guaranteeby sending notice by certified mail to [owner or operator], such cancellationto become effective no earlier than 120 days after receipt of such notice by[owner or operator], as evidenced by the return receipt. If notified of aprobable release, the Guarantor agrees to remain bound to the terms of thisGuarantee for all charges 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 lawor 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: localgovernment owner or operator];
c. Bodily injury or property damage arising from the ownership,
maintenance, use, or entrustment to others of any aircraft, motor vehicle, orwatercraft;
d. Property damage to any property owned, rented, loaned to, in the
care, custody, or control of, or occupied by [insert: local government owneror operator] that is not the direct result of a release from an undergroundstorage 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 agreemententered into to meet the requirements of WAC 173-360A-1015.
9. Guarantor expressly waives notice of acceptance of this Guarantee by
the Washington State Department of Ecology, by any or all third parties, orby [local government owner or operator].
I hereby certify that the wording of this Guarantee is identical to the
wording specified in WAC 173-360A-1094 as such regulations were constitutedon the effective date shown immediately below.
Effective date: ______________
[Name of Guarantor][Authorized signature for Guarantor][Name of person signing]http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
145 of 151 2/26/2018, 1:48 PM[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 theRegister pursuant to the requirements of RCW 
34.08.040 .
NEW SECTION
WAC 173-360A-1095 Appendix P —Local government fund —Letter from chief
financial officer.
I am the chief financial officer of [insert: name and address of local
government owner or operator, or guarantor]. This letter is in support of theuse 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] peroccurrence and [insert: dollar amount] annual aggregate arising fromoperating (an) underground storage tank(s).
Underground storage tanks at the following facilities are assured by
this local government fund mechanism: [List for each facility: the name andaddress 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 WAC 173-360A-1015, or funded for part of the requiredamount of coverage and used in combination with other mechanism(s) thatprovide the remaining coverage," or "The local government fund is funded forfive times the full amount of coverage required under WAC 173-360A-1015, orfunded for part of the required amount of coverage and used in combinationwith other mechanisms(s) that provide the remaining coverage," or "A paymentis 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 thedifference between the required amount of coverage and the amount held in thededicated fund" or "A payment is made to the fund once every year for sevenyears until the fund is fully funded and I have attached a letter signed bythe State Attorney General stating that (1) the use of the bonding authoritywill not increase the local government's debt beyond the legal debt ceilingsestablished by the relevant state laws and (2) that prior voter approval isnot 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 WAC
173-360A-1073 (3)(c), insert: Amount added to fund in the most recentlycompleted 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 WAC 173-360A-1095 as such regulations were constitutedhttp://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
146 of 151 2/26/2018, 1:48 PMon 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 theRegister pursuant to the requirements of RCW 
34.08.040 .
NEW SECTION
WAC 173-360A-1096 Appendix Q —Certification of financial responsibility.
[Owner or operator] hereby certifies that it is in compliance with the
requirements of Part 10 of chapter 173-360A WAC.
The financial assurance mechanism[s] used to demonstrate financial
responsibility under Part 10 of chapter 173-360A WAC is [are] as follows:
[For each mechanism, list the type of mechanism, name of issuer,
mechanism number (if applicable), amount of coverage, effective period ofcoverage 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 theRegister 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 damagecaused by an accidental release arising from operating [owner's oroperator's] underground storage tank should be paid in the amount of $[___].
[Signatures]
Owner or OperatorAttorney for Owner or Operator(notary)
Date
[Signature(s)]
Claimant(s)http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
147 of 151 2/26/2018, 1:48 PMAttorney(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 theRegister pursuant to the requirements of RCW 
34.08.040 .
REPEALER
The following chapter of the Washington 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.
WAC 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.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
148 of 151 2/26/2018, 1:48 PMWAC 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.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
149 of 151 2/26/2018, 1:48 PMWAC 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.WAC 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 andapproval 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.http://lawfilesext.leg.wa.gov/law/wsr/2018/03/18-03-178.htm
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