WSR 17-16-145
PREPROPOSAL STATEMENT OF INQUIRY
POLLUTION LIABILITY
INSURANCE AGENCY
[Filed August 1, 2017, 12:51 p.m.]
Subject of Possible Rule Making: The pollution liability insurance agency (PLIA) proposes to adopt a new rule (chapter 374-90 WAC).
The new rule, chapter 374-90 WAC, will establish the petroleum underground storage tank revolving loan and grant program authorized in chapter 70.340 RCW and will detail:
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Eligibility for loans and/or grants under the program;
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Requirements for applications;
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PLIA's process for evaluation of applications;
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The process for funding approved loans and/or grants; and
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Management of funds provided under an approved loan and/or grant.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.340.100.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2016, Washington's legislature required PLIA to adopt a rule to carry out provisions of chapter 70.340 RCW, which established the petroleum underground storage tank revolving loan and grant program. Consistent with the directive from the legislature, PLIA is using its authority to adopt a rule to implement the program which will assist owners and operators of petroleum underground storage tank systems to remediate past releases; upgrade, replace, or remove petroleum underground storage tank systems to prevent future releases; and install new infrastructure or retrofit existing infrastructure for dispensing renewable or alternative energy.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: PLIA implements the revolving loan and grant program with the Washington state department of health, under terms of a memorandum of agreement between the two agencies. Throughout the rule-making process, PLIA will communicate with, and seek input from, the department of health.
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