WSR 02-05-054

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 0201 -- Filed February 15, 2002, 10:52 a.m. ]

Subject of Possible Rule Making: The scope of this rule making to amend chapter 173-303 WAC is to propose a rule based on the emergency rule ecology adopted on January 25, 2002, (WSR 02-04-030) that conditionally excludes certain controlled substances held as evidence by law enforcement agencies in Washington state. The proposal may include legend drugs not covered under the emergency rule. In addition, the rule making will correct typographical errors, make technical corrections such as correcting citations and other necessary clarifications based on the recent authorization process.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 70.105 and 43.21A RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The emergency rule was adopted to allow local waste to energy facilities to accept controlled substances for disposal. Prior this exclusion, such facilities could not accept controlled substances for disposal leaving no appropriate disposal option for law enforcement agencies in Washington state that must destroy controlled substances according to their handling procedures. The emergency rule is in effect for one hundred twenty days. A permanent rule will be proposed before the emergency rule expires. No other substantive changes will be proposed as part of the rule making; however, technical corrections will be proposed such as typographical errors, correcting citations, and clarifications.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology is coordinating with law enforcement agencies within Washington state that regulate these wastes. Ecology has been in discussion with state and local law enforcement agencies, and with Spokane County where the municipal incinerator is located that can accept these conditionally excluded wastes. Ecology is and will continue to communicate with them via meetings, phone calls, electronic means such as list serves, and written communication.

Process for Developing New Rule: This rule is being developed through a process of discussing all aspects of the situation with the affected entities. Communication that led to development of the emergency rule language is a basis for the next step of developing a proposal. This communication will continue, together with notification of a broader range of stakeholders throughout the rule-making process using ecology websites, list serves, and interested persons mailing lists.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. For information on the substantive content of the conditional exclusion contact Ty Thomas, P.O. Box 7600, Olympia, WA 98502, e-mail ttho461@ecy.wa.gov, (360) 407-6758.

For information on the rule process and the technical corrections contact Chipper Hervieux, P.O. Box 7600, Olympia, WA 98502, e-mail pher461@ecy.wa.gov, (360) 407-6756.

February 15, 2002

Greg Sorlie

Program Manager

Washington State Code Reviser's Office