WSR 02-14-141

AGENDA

DEPARTMENT OF ECOLOGY


[ Filed July 3, 2002, 8:40 a.m. ]

Pursuant to RCW 34.05.314, shown below is the Department of Ecology's rule agenda for July 2002 - December 2003.

If you have any questions please contact Jerry Thielen at (360) 407-6998 or e-mail at jthi461@ecy.wa.gov.


WAC Chapter Chapter Title Contact Person Filing Information Scope of Changes / Sections to Amend
Air Quality
173-400, 173-405, 173-410, 173-433, 173-434

AO # 99-07

7/96

Emissions standards for solid waste incinerators; general regulation for air pollution sources; kraft pulping mills; sulfite pulping mills; solid fuel burning device standards Peter Lyon

(360) 407-7530 plyo461@ecy.wa.gov

CR-101 Filed: 3/22/1999

CR-102 Expected: Dec. 2002

Adoption Expected: June 2003

Hog Fuel Boiler RACT; define terms related to wood derived fuels; reorganize state incinerator rule.
173-422

AO # 02-04

2/02

Motor vehicle emission inspection John Raymond

(360) 407-6856

jray461@ecy.wa.gov

CR-101 Filed: Feb. 2002

CR-102 Filed: April 2002

Adopted: June 2002

Revisions including: (1) Upgrades the vehicle emission testing procedures for diesel cars and light trucks; (2) clarifies that all emission tests are valid for at least twelve months; (3) requires that automotive repair businesses have the equipment to check on-board diagnostic system of 1996 and newer vehicles if they wish to be on the list of businesses provided to owners of vehicles that fail the test; and (4) removes obsolete language.
173-434

AO # 02-05

3/02

Solid waste incinerator facilities Peter Lyon

(360) 407-7530 plyo461@ecy.wa.gov

CR-101 Filed: March 2002

CR-102 Expected: July 2002

Adoption Expected: December 2002

The purpose of the proposed rule change is to incorporate new federal language; add new terms to the definition section; change existing definitions; and provide alternate means of compliance demonstration with WAC 173-434-130(3) and 173-434-160(1).
173-401

AO # 02-02

2/02

Operating permit regulation Tom Todd

(360) 407-7528

ttod461@ecy.wa.gov

CR-101 Filed: February 2002

CR-102 Filed: April 2002

Adoption Expected: September 2002

Changes may include: (1) Changing the treatment of insignificant emissions units at air operating permit sources; (2) updating the definition of "major source" to reflect certain changes made in federal rules; (3) adding certain definitions that deal with compliance; and (4) updating the audit requirements, and certain other minor housekeeping changes.
173-400-075

AO # 02-09

4/02

Expedited

Emission standards for sources emitting hazardous air pollutants Tom Todd

(360) 407-7528

ttod461@ecy.wa.gov

CR-105 Filed (Expedited): April 2002

Adoption Expected: July 2002

This rule is intended to update the adoption by reference of national emission standards for hazardous air pollutants (NESHAPS), 40 C.F.R. 61 and appendices 40 C.F.R. 63 and appendices, from July 1, 2000 to May 15, 2002.
Environmental Assessment Program
173-50

AO # 01-12

12/01

Accreditation of environmental laboratories Perry Brake

(360) 895-6149

pbra461@ecy.wa.gov

CR-101 Filed: December 2001

CR-102 Filed: May 2002

Adoption Expected: October 2002

The amendments will add accreditation for matrices other than water, accreditation for drinking water laboratories, granting NELAP accreditation, make changes to the fee schedule, and add accreditation for physical tests.
Shorelands and Environmental Assistance
173-700

AO # 98-26

1/99

WITHDRAWN

Compensatory wetland mitigation banks Lauren Driscoll

(360) 407-6861

ldri461@ecy.wa.gov

CR-101 Filed: January 1999

CR-102 Filed: December 2001

CR-102 Withdrawn: May 2002

Develop procedures for the operation, monitoring and implementation of wetland banks.
173-158

AO # 00-26

7/99

Floodplain management Scott McKinney

(360) 407-7297

smck461@ecy.wa.gov

CR-101 Filed: October 2000

CR-102 Filed: February 2002

Expected Adoption: July 2002

Amend WAC to implement ESHB 1963 which allows reconstruction in floodways under certain circumstances.
197-11

AO # 00-05

7/00

SEPA rules Brenden McFarland

(360) 407-6976

mvia461@ecy.wa.gov

CR-101 Filed: March 2000 Revise environmental checklists (nonproject).
Solid Waste and Financial Assistance
173-350

AO # 99-24

7/97

Minimum functional standards for solid waste handling Mike Hibbler

(509) 456-3270

MHIB461@ecy.wa.gov

CR-101 Filed: November 1999

CR-102 Filed: July 2002

Adoption Expected: November 2002

Update approaches to nonmunicipal solid waste management. Respond to state legislation aimed at removing impediments to recycling.
173-312

AO # 01-11

12/01

Expedited

Coordinated prevention grants Randy Martin

(360) 407-6136

rmar461@ecy.wa.gov

CR-105 Filed (Expedited): December 2001

Adopted: February 2002

Clean up outdated language, simplify application and reporting requirements -- Expedited adoption process.
Water Resources
173-537

AO # 99-25

1/00

Water resources management for the Yakima River basin Bob Barwin

(509) 457-7107

bbar461@ecy.wa.gov

CR-101 Filed: October 1999

CR-102 Expected: December 2002

Adoption Expected: May 2003

Withdraw ground water from further appropriation, per MOA with BoR and Yakama Nation.
173-563 and 531A

AO # 01-05

7/01

Columbia River main stem and John Day-McNary pools Bob Barwin

(509) 457-7107

bbar461@ecy.wa.gov

CR-101 Filed: July 2001

CR-102 Expected: June 2003

Adoption Expected: December 2003

Clarify elements of the instream flow program.
173-153

AO # 01-13

12/01

Water conservancy boards Thom Lufkin

(360) 407-6631

tlhw461@ecy.wa.gov

and

Janet Carlson

(360) 407-6274

jaca461@ecy.wa.gov

CR-101 Filed: December 2001

CR-102 Expected: August 2002

Adoption Expected: November 2002

To amend chapter 173-153 WAC, Water conservancy boards, adopted in 1999, so it will conform to the changes made to chapter 90.80 RCW through ESHB 1832, that was passed by the legislature during the 2001 session.
173-157

AO # 02-06

4/02

Underground artificial storage and recovery Kathleen Enseat

(360) 407-6780

kspa461@ecy.wa.gov

CR-101 Filed: April 2002

CR-102 Expected: July 2002

Adoption Expected: October 2002

As a result of increasingly competing demands for water use in the state, the legislature has identified the storage of water for future recovery as a viable and important approach to augment water availability in certain situations. Specifically, the 2000 legislature broadened the possibilities for underground storage of water in the state and directed ecology to establish standards to ensure that such storage activities do not have adverse effects on the environment.
Water Quality
173-224

AO # 01-09

8/01

Wastewater discharge permit fees Bev Poston

(360) 407-6425

bpos461@ecy.wa.gov

CR-101 Filed: August 2001

CR-102 Filed: March 2002

Adopted: May 2002

Amend fee rule, add fee category for aquatic pesticide applicators.
173-201A

AO # 98-20

7/98

Surface water quality standards for the state of Washington Mark Hicks

(360) 407-6477

mhic461@ecy.wa.gov

CR-101 Filed: February 1999

CR-102 Expected: October 2002

Adoption Expected: January 2003

A. Develop regulatory language to guide the implementation of a water quality antidegradation policy. This would focus on protecting water quality standards, implementing technology-based pollution control requirements, and ensuring degradation that is allowed is in the overriding public interest. It would also include provisions to set aside waters constituting an outstanding national resource from all degradation.

B. Look at the way beneficial uses are assigned for protection to waterbodies under the water quality standards.

173-216,220,226

AO # 01-08

12/01

State waste discharge, NPDES Keith Johnson

(360) 407-6442

kjoh461@ecy.wa.gov

CR-101 Filed: August 2001

CR-102 Filed: December 2001

Adoption: February 2002

Exempt turbidity needing certified lab test.
173-218, 216, 226

AO # 01-10

5/01

Underground injection control program Mary Shaleen-Hansen

(360) 407-6143

maha461@ecy.wa.gov

CR-101 Filed: December 2001

CR-102 Expected: January 2003

Adoption Expected: June 2003

The rule amendments will: (1) Bring it current with new federal rule changes; (2) create consistency between the rules that govern UIC wells; and (3) clarify the language of the rule.
173-222

AO # 02-08

3/02

Expedited

Wastewater discharge permit fees Jerry Thielen

(360) 407-7551

jthi461@ecy.wa.gov

CR-105 Filed (Expedited): March 2002

Adopted: May 2002

This rule making will repeal chapter 173-222 WAC which has already been replaced by chapter 173-224 WAC, Wastewater discharge permit fees.
Spill Prevention, Preparedness and Response
317-10,173-181

AO # 00-03

7/99

Oil spill contingency plans and response contractor standards Linda Pilkie-Jarvis

(360) 407-7447

jpil461@ecy.wa.gov

CR-101 Filed: February 2000

CR-102 Expected: October 2002

Adoption Expected: December 2002

Update plan requirements, mandate incident command systems, incorporate planning standards, and update primary response contractor standards.
173-xx

AO # 00-23

9/00

Tank vessel rule Jeff Fishel

(360) 407-7504

jfis461@ecy.wa.gov

CR-101 Filed: September 2000

CR-102 Expected: January 2003

Adoption Expected: May 2003

Develop rules for tank vessels that address peculiarities of Washington waters.
Hazardous Waste and Toxic Reduction
173-303-071

AO # 02-10

1/02

Emergency

Hazardous waste regulation: Excluded categories of waste Chipper Hervieux

(360) 407-6756

pher461@ecy.wa.gov

Emergency Adoption: May 2002

Expiration: September 2002

Emergency rule to exclude wastes that are regulated as state only dangerous waste; that is, they are not also regulated under federal hazardous waste regulations.
173-303-071

AO # 02-03

1/02

Hazardous waste regulation: Excluded categories of waste Chipper Hervieux

(360) 407-6756

pher461@ecy.wa.gov

CR-101 Filed: February 2002

CR-102 Filed: May 2002

Adoption Expected: August 2002

Rule to exclude wastes that are regulated as state only dangerous waste; that is, they are not also regulated under federal hazardous waste regulations.
Dates that are in "bold" print, indicate that filing has occurred

Jerry Thielen

Rules Coordinator

Washington State Code Reviser's Office