Chapter 173-360A WAC
On October 24, 2023, the Department of Ecology adopted amendments to Chapter 173-360A WAC, Underground Storage Tank (UST) Regulations, to allow use of a state fund or other state assurance program to demonstrate financial responsibility for cleaning up UST releases and compensating third parties for bodily injury and property damage caused by the releases.
Leaking USTs at gas stations across Washington state threaten the health and prosperity of our communities. The cost of cleaning up these sites is often beyond the financial means of many small gas station owners.
The legislature recently passed a law (Laws of 2023, ch. 170) directing the Pollution Liability Insurance Agency (PLIA) to establish and administer a new state financial assurance program for UST owners and operators to help ensure they have sufficient funds to clean up releases of petroleum from USTs. If you have any questions about the development of this new program, please contact PLIA.
The law also directs Ecology to amend the state's UST Regulations to allow UST owners and operators to use PLIA’s new state financial assurance program to demonstrate financial responsibility for UST releases. The law requires the amendments to be consistent with and no less stringent than the federal regulations in 40 C.F.R. Parts 280. This is necessary to maintain federal approval of the state’s UST pollution prevention program under 40 C.F.R. Part 281. See Laws of 2023, ch. 170, § 11(2).
Rulemaking timeline
Rule adoption phase (CR-103)
Oct. 24, 2023
Nov. 24, 2023
Additional documents:
The following additional document is available to help in your review of the amended rule:
Expedited phase (CR-105)
June 30, 2023
Additional documents:
The following additional document is available to help in your review of the rule proposal:
- a public hearing
- small business economic impact statement
- a regulatory analysis
- responses to the criteria for a significant legislative rule
Send an objection to using the expedited rulemaking process for these rules to:
Washington Department of Ecology
Governmental Relations
P.O. Box 47600
Olympia, WA 98504-7600
rulemaking@ecy.wa.gov
Related links
Statutory Authority
State Rules
Federal Rules
More information
Contact information
Steve Jarrett
Rulemaking Lead
steven.jarrett@ecy.wa.gov
564-669-3818
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Accessibility
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.