WSR 97-10-092

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY

[Order 97-09--Filed May 7, 1997, 10:49 a.m.]

Subject of Possible Rule Making: Model Toxics Control Act; the cleanup of hazardous waste sites.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.105D RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: A rule revision is needed to carry out the recommendations of the Policy Advisory Committee. The 1995 legislature adopted ESHB 1810 which directed ecology to establish the committee and required the committee to provide advice to the legislature and ecology regarding improvements to existing rules. The changes recommended by the Policy Advisory Committee will create a more effective rule that is protective of human health and the environment.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal law (Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9601 et. seq., as amended by the Superfund Amendments and Reauthorization Act of 1986) regulates the cleanup standards for sites in the Superfund program. Chapter 70.105D RCW provides ecology with the authority to establish cleanup standards at least as stringent as the federal cleanup standards, laws and health-based standards.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The process by which interested persons can participate in the rule-making procedures includes:

(1) Submitting written comments on the subject of rule making and potential environmental impacts to Trish Akana, Department of Ecology, Toxics Cleanup Program, P.O. Box 47600, Olympia, WA 98504-7600. The cutoff date for written comments is June 4, 1997; (2) contacting Trish Akana, Department of Ecology, with inquiries on the negotiated rule process at (360) 407-7230 or by electronic mail taka461@ecy.wa.gov or by FAX (360) 407-7154; or (3) attending external advisory workshop meeting set for June 10 and September 10 at locations to be announced.

May 5, 1997

Dan Silver

Deputy Director

Legislature Code Reviser

Register

Washington State Code Reviser's Office