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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Rules and Regulations
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UST operator training requirements for Class A also includes licensing and fees, facility compliance tags, authority to accept product delivery and certification and use of service providers. WAC 170360A05301.
Ecology expanded the reporting requirement for spills or overfills such that spills and overfills must be reported if they pose a threat to human health or the environment regardless of the volume of the regulated substance, rather than the 25-gallon spill and overfill reporting level in the Federal rules. WAC 173360A0740.
The State rules also include requirements for UST service providers by establishing a certification program, specifying the responsibilities of service providers, and identifying which services on UST systems must be performed by certified service providers. WAC 173360A0900
through 0940.
More Stringent Provisions Where an approved state program includes requirements that are considered more stringent than required by Federal law, the more stringent requirements become part of the federally approved program 40 CFR
281.12a3ii. The following statutory and regulatory requirements are considered more stringent than the Federal program, and on approval, they become part of the federally approved program and are federally enforceable:
Local governments may designate environmentally sensitive areas, with Ecologys approval. In these areas, the local government may impose more stringent standards, and an additional local fee of no more than half the state fee may be imposed if necessary, to implement the local standards. WAC
173360A0130.
Fees and permits are required by the States UST statute. USTs must be in compliance with the applicable requirements to obtain a permit. WAC
173360A0200 and 0210.
The State rules require that any changes affecting information reported on the initial notification form about an UST system be reported to Ecology.
WAC 173360A02302.
Product deliverers and waste oil collectors must report any spill or overfill of regulated substances to the owner or operator. WAC 173360A
02309.
Notice of intent to install an UST is required at least 30 days prior to tank installation. Owners or operators must notify Ecology and certify proper installation no later than 30 days after installation of the UST. Washington also requires additional documentationa
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manufacturers installation checklist completed by the service provider and an as-built plan of the UST facility when an UST system is installed and the owner or operator is applying for a license. WAC 173360A0300.
Cathodic protection systems must be tested when they are installed or repaired and again between one and six months after installation and at least every three years thereafter. WAC 173
360A04302.
Class B operators must meet the same requirements as Class A operators, which is more stringent than the Federal requirement. WAC170360A05301.
If Ecology determines that the owners and operators of an UST system are in noncompliance, then Ecology may require owners and operators to develop and maintain an operation and maintenance plan for each UST system.
WAC 173360A0545.
The State rule requires that owners and operators post and maintain signage at each UST facility providing emergency response information. WAC
173360A05502.
Owners and operators must notify Ecology in writing within 30 days after any change in release detection methods used. WAC 173360A06004.
For reporting of suspected releases, owners and operators using inventory control must immediately investigate all larger-than-normal or reoccurring variations and report such variations if they are unaccounted for without waiting to obtain a second month of data. WAC 173360A07003c.
Owners and operators conducting a site check as part of a release investigation must complete the site check within 30 days of identifying a suspected release or receiving notice that the department requires investigation of a suspected release. The Federal rule at 40 CFR 280.52b does not specify a timeframe. WAC 173
360A07202.
For site assessments at closure and site checks to investigate a possible release, Ecology established specific requirements regarding the selection of service providers, the determination of sample types, locations, and measurement methods, and what information must be in the final report.
Records are to be kept for at least six years after the UST system is permanently closed or undergoes a change-in-service, versus the three years required by 40 CFR 280.74. Ecology requires that a sampling and analysis plan be submitted for review at least 30
days before any sampling is performed.
WAC 173360A0730.
If a release is confirmed, then the UST
system must be secured within 24 hours
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of confirming the release to prevent further delivery or deposit of regulated substances until the defective UST
system components are repaired, replaced or closed. WAC 173360A
07502.
Prior to putting back into service an UST system that has been closed for 90
days or more, the State rule requires that the owner and operator complete a tank tightness test, inspections and tests of spill and overfill protection equipment, and release detection and containment testing and inspection. WAC 173360A
08005b.
Only certified individuals may carry out UST system installation, closure, retrofit and tightness testing, and installation and maintenance of cathodic protection equipment. WAC
173360A015065, 0920, and 0930.
Site checks and site assessments can only be performed by a service provider who is certified by the International Code Council ICC via a Washingtonspecific site assessment certification or is licensed as a professional engineer or hydrogeologist in Washington. WAC
173360A07302 and 0930.
I. How does this action affect Indian country 18 U.S.C. 1151 in Washington?
The EPAs approval of Washingtons Program does not extend to Indian country as defined in 18 U.S.C. 1151.
Indian country generally includes lands within the exterior boundaries of the following Indian reservations located within Washingtons state borders:
Chehalis, Colville, Cowlitz, Hoh, Jamestown SKlallam, Kalispel, Lower Elwha Klallam, Lummi, Makah, Muckleshoot, Nisqually, Nooksack, Port Gamble, Puyallup, Quileute, Quinault, Samish, Sauk-Suiattle, Shoalwater Bay, Skokomish, Snoqualmie, Spokane, Squaxin Island, Stillaguamish, Suquamish Port Madison, Swinomish, Tulalip, Upper Skagit, and Yakama Reservations; any land held in trust by the United States for an Indian tribe;
and any other areas that are Indian country within the meaning of 18
U.S.C. 1151. Any lands removed from an Indian reservation status by Federal court action are not considered reservation lands even if located within the exterior boundaries of an Indian reservation. The EPA will retain responsibilities under RCRA for underground storage tanks in Indian country. See 40 CFR 281.12a2. The one exception regards all USTs located on non-trust and non-restricted lands inside the boundaries of the Puyallup Reservation. The State of Washington has been delegated primary jurisdiction over these USTs as a result of a 1988
settlement agreement between the
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