WSR 17-16-144

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 1, 2017, 12:37 p.m.]

Subject of Possible Rule Making: The pollution liability insurance agency (PLIA) proposes to amend chapter 374-80 WAC to expand the program for providing technical assistance to the owners and operators of petroleum storage tanks.

The amendment to chapter 374-80 WAC will expand the scope of advice and technical assistance provided by PLIA to include petroleum storage tanks identified by the department of ecology. The rule amendment will also clarify the process for the owner or operator of a heating oil tank to notify PLIA of suspected or confirmed releases; detail how PLIA will conduct an initial investigation of a heating oil tank release; describe the use of environmental covenants where PLIA is the holder; and identify the process by which PLIA will issue an opinion on whether independent remedial actions to address a release from a heating oil tank or a petroleum storage tank meets the substantive requirements of the Model Toxics Control Act.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.149.040 (5), (9); section 7, chapter 23, Laws of 2017.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2017, Washington's legislature adopted a bill which revised chapter 70.149 RCW to expand the advice and technical assistance provided by PLIA and add additional responsibilities to the agency's work.

Consistent with the directive from the legislature, PLIA is using its authority to amend its existing rule to expand the scope of advice and technical assistance provided by PLIA to include petroleum storage tanks identified by the department of ecology; clarify the process for the owner or operator of a heating oil tank to notify PLIA of suspected or confirmed releases; detail how PLIA will conduct an initial investigation of a heating oil tank release; describe the use of environmental covenants where PLIA is the holder; and identify the process by which PLIA will issue an opinion on whether independent remedial actions to address a release from a heating oil tank or a petroleum storage tank meets the substantive requirements of the Model Toxics Control Act.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: PLIA will provide advice and technical assistance to owners and operators of petroleum storage tanks identified by the Washington state department of ecology based on the relative risk posed to human health and the environment by the release. The department of ecology also regulates cleanup of hazardous waste sites under the Model Toxics Control Act. Because the department of ecology may be impacted by PLIA's work in these areas, throughout the rule-making process PLIA will communicate with, and seek input from, the department of ecology.

Process for Developing New Rule: PLIA will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05 RCW).

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by:

1. Accessing a web page where PLIA posts updates.

2. Contacting PLIA staff at rules@plia.wa.gov or 1-800-822-3905.

3. Participating in a public meeting(s) during development of the rule proposal.

August 1, 2017

Cassandra Garcia

Deputy Director