WSR 03-02-089

AGENDA

DEPARTMENT OF ECOLOGY


[ Filed December 31, 2002, 11:44 a.m. ]


Department of Ecology

Rule Agenda

January 2003 - June 2003



WAC Chapter Chapter Title Contact Person CR-101

Filing Date

CR-102

Filing Date

CR-103

Filing Date

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 Tom Todd

(360) 407-7528

ttod461@ecy.wa.gov

Mar-99 Dec-03 Jun-04 Hog fuel boiler RACT; define terms related to wood derived fuels; reorganize state incinerator rule.
173-434

AO #02-05

03/02

Solid waste incinerator facilities Steve Cross

(360) 407-6875

stcr461@ecy.wa.gov

Mar-02 Mar-03 Apr-03 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

Feb-02 Apr-02 Sep-02 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; (4) updating the audit requirements, and certain other minor housekeeping changes.
173-400-075

AO #02-09

04/02

Expedited

Emission standards for sources emitting hazardous air pollutants Tom Todd

(360) 407-7528

ttod461@ecy.wa.gov

N/A Apr-02 Jul-02 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.
Solid Waste & 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

Nov-99 Jun-02 Jan-03 Update approaches to nonmunicipal solid waste management. Respond to state legislation aimed at removing impediments to recycling.
Shorelands & Environmental Assistance
173-158

AO #00-26

7/99

Floodplain management Scott McKinney

(360) 407-7297

smck461@ecy.wa.gov

Oct-00 Feb-02 Jul-02 Amend WAC to implement ESHB 1963 which allows reconstruction in floodways under certain circumstances.
197-11

AO #00-05

7/00

SEPA rules Barbara Ritchie

(360) 407-6922

brit461@ecy.wa.gov

3/1/2000

Withdrawn

10/10/02

Revise environmental checklists (nonproject).
197-11

AO #02-13

8/02

SEPA rules Barbara Ritchie

(360) 407-6922

brit461@ecy.wa.gov

Sep-02 Jan-03 Apr-03 The proposed amendments to the State Environmental Policy Act (SEPA) rules are needed to make ecology's SEPA rules consistent with Washington's SEPA statute, chapter 43.21C RCW. The legislature has statutorily exempted Class I, II, and III forest practices from SEPA review under RCW 43.21C.037 and 76.09.050(1). However, when ecology adopted the SEPA rules in 1984 Class I, II, and III forest practices, along with all of the other "statutory exemptions" contained in chapter 43.21C RCW, were included within the list of "categorical exemptions" in part nine of the rules.
This has resulted in the "statutory exemptions" being subject to the provisions of WAC 197-11-305 requiring SEPA review in certain prescribed circumstances. This is inconsistent with legislation contained in chapter 43.21C RCW providing that statutorily exempt actions are not subject to environmental review under SEPA. The purpose of ecology's proposed rule making is to clarify that the "statutory exemptions" in chapter 43.21C RCW, including Class I, II, and III forest practices, are not subject to the requirements of WAC 197-11-305.
Spill Prevention, Preparedness & Response
317-10

173-181

AO #00-03

7/99

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

(360) 407-7447

jpil461@ecy.wa.gov

Feb-00 Jun-03 Aug-03 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

9/1/2000

Withdrawn

Dec-02

N/A N/A Develop rules for tank vessels that address peculiarities of Washington waters.
Environmental Assessment Program
173-50

AO #01-12

12/01

Accreditation of environmental laboratories Perry Brake

(360) 895-6149

pbra461@ecy.wa.gov

Dec-01 May-02 Oct-02 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.
Hazardous Waste and Toxic Reduction
173-303-071

AO #02-13

01/02-Emerg. Rule

Expires 01/14/03

Hazardous waste regulation; Excluded categories of waste Chipper Hervieux

(360) 407-6756

pher461@ecy.wa.gov

N/A N/A Sep-02 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

01/02

Hazardous waste regulation; Excluded categories of waste Chipper Hervieux

(360) 407-6756

pher461@ecy.wa.gov

Feb-02 5/2/2002

Supplemental

CR-102

09/17/02

Feb-03 Rule to exclude wastes that are regulated as state only dangerous waste; that is, they are not also regulated under federal hazardous waste regulations.
Water Quality
173-201A

AO #98-20

7/98

Surface water quality standards for the state of Washington Susan Braley

(360) 407-6414

sbra461@ecy.wa.gov

2/16/1999

Withdrawal of previous CR-101 (outdated information) Second CR-101: Sept-02

Dec-02 Jun-03 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.
173-98

AO #02-15

10/02

Uses and limitations of the water pollution control state revolving fund Dan Filip

(360) 407-6509

dfil461@ecy.wa.gov

Nov-02 Jan-07 Jan-07 The Washington State Department of Ecology is initiating a "pilot rule-making process" to propose to amend chapter 173-98 WAC, Uses and limitations of the water pollution control revolving fund, to allow public bodies to use the "design/build" concept for completion of wastewater facilities.
The concept allows for a contract between local public bodies and firms to be awarded for the design and construction of portions of the facility largely independent of other design and construction efforts elsewhere at the facility. The scope of the pilot rule-making process will be limited to new design/build (D/B) provisions.
173-218,

216, 226

AO #01-10

05/01

Underground injection control program Mary Shaleen-Hansen

(360) 407-6143

maha461@ecy.wa.gov

Dec-01 Sep-03 Feb-04 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.
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

Oct-99 Jun-03 Dec-03 Withdraw ground water from further appropriation, per MOA with BoR and Yakama Nation.
173-563 &

531A

AO #01-05

7/01

Columbia River mainstem and John Day-McNary Pools Bob Barwin

(509) 457-7107

bbar461@ecy.wa.gov

7/1/2001

Withdrawn

10/22/02

N/A N/A Clarify elements of the instream flow program.
173-563 &

531A

AO #01-05

7/01

Columbia River mainstem and John Day-McNary Pools Gerry O'Keefe

(360) 407-6640

goke461@ecy.wa.gov

Oct-02 Nov-03 Apr-04 Amend and/or partial repeal of rules to adopt a rule that governs an integrated state water management program for the river's water resources.
173-153

AO #01-13

12/01

Water conservancy boards Janet Carlson

(360) 407-6274

jaca461@ecy.wa.gov

and

Thom Lufkin

(360) 407-6631

tlhw461@ecy.wa.gov

Dec-01 Aug-02 Dec-02 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.
173-170

AO #02-11

09/02

Agricultural water supply facilities Rebecca Inman

(360) 407-7207

rinm461@ecy.wa.gov

Sep-02 Dec-02 Mar-03 Amend the agricultural water supply facilities rule (chapter 173-170 WAC) which relates to issuance of grants and loans to public entities for planning and projects related to agricultural water supply systems. Funds are issued from the Referendum 38 Fund, established in 1980.
173-157

AO #02-06

4/02

Underground artificial storage and recovery Kathleen Ensenat

(360) 407-6780

kspa461@ecy.wa.gov

Apr-02 Jul-02

and

Sept-02 - to extend comment period

Jan-03 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.
173-505

AO #02-17

11/02

Instream resources protection program Stillaguamish River Basin - WRIA 5 Steve Hirschey

(425) 649-7066

shir461@ecy.wa.gov

and

Kathleen Ensenat

(360) 407-6780

kspa461@ecy.wa.gov

Nov-02 Dec-03 Apr-04 The Washington State Department of Ecology's (ecology) Water Resources Program (program) is proposing to develop an instream resource protection program (IRPP) setting instream flows for certain streams and river segments and, in some cases, stream closures within the Stillaguamish River Basin.

If you have any questions please contact Jerry Thielen at (360) 407-6998 or e-mail at jthi461@ecy.wa.gov.
Washington State Code Reviser's Office