WSR 02-19-077

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 02-06 -- Filed September 16, 2002, 12:16 p.m. ]

Continuance of WSR 02-15-181.

Preproposal statement of inquiry was filed as WSR 02-08-073.

Title of Rule: Chapter 173-157 WAC, Underground artificial storage and recovery.

Purpose: The purpose of this rule is to establish the standards for review of applications for underground artificial storage and recovery projects and standards for identification and mitigation of potential adverse impacts to ground water quality or the environment.

This continuance is being filed in order to respond to the requests the department received to extend the comment period beyond September 9. The Department of Ecology has agreed to accept comments through September 16, 2002.

Statutory Authority for Adoption: RCW 90.03.370 (2)(b), 90.44.460.

Statute Being Implemented: RCW 90.03.370, chapter 90.44 RCW.

Summary: Chapter 173-157 WAC outlines the process the Department of Ecology will use to evaluate applications and issue permits to artificially store water in underground geological formations and subsequently recover it for beneficial use.

Name of Agency Personnel Responsible for Drafting: Kathleen Ensenat, Department of Ecology, Headquarters, (360) 407-6780; Implementation and Enforcement: Joe Stohr, Program Manager, Department of Ecology, Headquarters, (360) 407-6602.

Name of Proponent: Department of Ecology, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This will create a "third line" for processing permits for applicants that already hold a right to the source water.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to establish the standards for review of applications for underground artificial storage and recovery projects and, standards for identification and mitigation of potential adverse impacts to ground water quality or the environment. Chapter 173-157 WAC outlines the process the Department of Ecology will use to evaluate applications and issue permits to artificially store water in underground geological formations and subsequently recover it for beneficial use.

Under this proposal, an application for a reservoir permit for an ASR project must contain, at a minimum:

(1) A general description (conceptual model) of the hydrogeologic system prepared and certified by a hydrogeologist licensed in the state of Washington.

(2) A project operation plan with a general description of the pilot and operational phases of the ASR project prepared and certified by an engineer or geologist licensed in the state of Washington.

(3) A description of the legal framework for the proposed project.

(4) An environmental assessment and analysis of any potential adverse conditions or potential impacts to the surrounding environment that might result from the project.

(5) A project mitigation plan, if required.

(6) A project monitoring plan.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because the substantive requirements for obtaining an ASR permit are mandated by RCW 90.03.370 (2)(a). Furthermore, those requirements are essential to prevent infringement on existing water rights and environmental damage from improper ASR design or operation.

RCW 34.05.328 applies to this rule adoption. It has been determined that this rule would be considered a significant legislative rule. Therefore, the requirements of RCW 34.05.328 are being met.

Hearing Location: No additional hearings will be held. Comments may be mailed, faxed, or submitted electronically at http://www.ecy.wa.gov/programs/wr/asr/asr-home.html.

Assistance for Persons with Disabilities: Contact Christine Corrigan by 5:00 p.m. on September 16, 2002, TDD (360) 407-6006 or (360) 407-6607.

Submit Written Comments to: Kathleen Ensenat, 300 Desmond Drive, Lacey, WA 98504, Kspa461@ecy.wa.gov, phone (360) 407-6780, fax (360) 407-7162, comments must be received by 5:00 p.m. on September 16, 2002.

Date of Intended Adoption: November 9, 2002.

September 12, 2002

Linda Hoffman

Deputy Director

Washington State Code Reviser's Office