WSR 02-21-056

PREPROPOSAL STATEMENT OF INQUIRY

POLLUTION LIABILITY

INSURANCE AGENCY

[ Filed October 15, 2002, 10:45 a.m. ]

Subject of Possible Rule Making: (1) To amend WAC 374-80-010, 374-80-040, and 374-80-050 by removing all references to "informal advice and assistance" and replacing them with the wording of "technical assistance."

(2) WAC 374-80-040 subsection (8) will also be amended to remove the requirement that a representative of the agency be present during all site testing, sampling and assessment.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.149 RCW (WSR 97-20-094).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: (1) The amending of the wording helps to clarify the purpose and scope of the program.

(2) In order to improve efficiency and expense control, the agency will be able to review assessments and lab results from site owner selected contractors without having to travel to be present during all testing and sampling.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Department of Ecology serves as the regulatory agency for the governing legislation under the Model Toxics Control Act (MTCA) and manages the voluntary cleanup program (VCP). The Pollution Liability Insurance Agency (PLIA) provides a fee-for-service program that deals specifically with home heating oil sites and helps to expedite the process for the public. The technical assistance is usually desired prior or during property transactions. PLIA will continue to coordinate information and resources to most effectively deal with sites based upon their specific needs.

Process for Developing New Rule: Amendment of current rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting or writing any of the following individuals to participate in the discussion regarding the proposed amendment of the rules: Russell Olsen, Environmental Specialist, 1015 10th Avenue S.E., Olympia, WA, (360) 753-2008, fax (360) 586-7187; Roger Dovel, Director, 1015 10th Avenue S.E., Olympia, WA, (360) 586-0071, fax (360) 586-7187; or Lynn Gooding, Deputy Director, 1015 10th Avenue S.E., Olympia, WA, (360) 586-0072, fax (360) 586-7187.

October 15, 2002

Russell E. Olsen

Environmental Specialist III

Washington State Code Reviser's Office