WSR 14-14-010

EXPEDITED RULES

DEPARTMENT OF ECOLOGY

[Order 14-01—Filed June 19, 2014, 3:43 p.m.]

Title of Rule and Other Identifying Information: Ecology is proposing to repeal two obsolete rules: Chapter 173-330 WAC, Used automobile oil recycling sign requirements for automobile oil sellers and chapter 173-24 WAC, Tax exemptions and credits for pollution control facilities.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Bari Schreiner, Agency Rules Coordinator, Washington Department of Ecology, P.O. [Box] 47600, Olympia, WA 98504-7600, e-mail rulemaking@ecy.wa.gov, AND RECEIVED BY September 3, 2014.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeal of chapter 173-330 WAC. Repeal of this obsolete rule will not impact other existing rules or any entities who currently provide used oil recycling.

Repeal of chapter 173-24 WAC. Repeal of this obsolete rule will not impact any tax exemptions or credits currently received by facilities.

Reasons Supporting Proposal: Chapter 173-330 WAC: All sections of the enabling statute, chapter 19.114 RCW, Used automotive oil recycling, were repealed in 1991. More comprehensive legislation and requirements for used oil recycling were adopted by the 1991 legislature as chapter 70.95I RCW, Used oil recycling. Chapter 70.95I RCW contains requirements for education, including signs. Chapter 173-330 WAC is no longer authorized or necessary.

Chapter 173-24 WAC: Until November 30, 1981, chapter 82.34 RCW, Pollution control facilities—Tax exemptions and credits, authorized pollution control facilities to apply to the department of revenue for a tax credit or exemption. The appropriate pollution control agency was then required to review the application and if appropriate approve that the facility was a pollution control facility. Ecology's role for facilities under its jurisdiction was to identify and classify facilities, and to confirm that the facility controlled, captured and removed pollutants from the air and water. The review was conducted for water pollution control facilities and any facilities related to an air contaminant source. Chapter 173-24 WAC describes ecology's process for reviewing and approving facilities.

In 1981, the legislature amended the law in chapter 82.34 RCW to provide that the last date applications for pollution control tax credits or exemptions could be filed was November 30, 1981. Since applications are no longer accepted under chapter 82.34 RCW, the rules in chapter 173-24 WAC have no purpose, and we are proposing to repeal them. Repealing this chapter will not impact any tax exemptions or credits currently received by facilities.

Statutory Authority for Adoption: Chapter 173-330 WAC requires sellers of automotive oil to post signs informing the public about how to recycle used automotive oil. The statute enabling chapter 173-330 WAC, chapter 19.114 RCW, was repealed in 1991 and replaced by chapter 70.95I RCW. Chapter 173-330 WAC is no longer authorized or needed, and was replaced by requirements for signs found in the more comprehensive chapter 70.95I RCW.

Chapter 173-24 WAC was originally adopted under the authority in RCW 82.34.040, which authorized ecology to "adopt such rules as it deems necessary for the administration of this chapter …." RCW 82.34.040 likewise authorizes repeal of the chapter.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Washington department of ecology, governmental.

Name of Agency Personnel Responsible for Drafting and Enforcement: Does not apply; and Implementation: Kyle Dorsey, Ecology/W2R/HQ, (360) 407-6559 and Bari Schreiner, Ecology/HQ, (360) 407-6998.

June 19, 2014

Polly Zehm

Deputy Director

REPEALER

The following chapter of the Washington Administrative Code is repealed:


WAC 173-24-010	Introduction and purpose.
WAC 173-24-020	Authority.
WAC 173-24-030	Definitions.
WAC 173-24-040	Applications submitted to the department of revenue.
WAC 173-24-050	Applications reviewed by the department.
WAC 173-24-060	Action by the department within thirty days—Request for further information.
WAC 173-24-070	Identification and classification of facilities.
WAC 173-24-080	Approval of a facility.
WAC 173-24-090	Installation for the purpose of pollution control.
WAC 173-24-100	Operation for the purpose of pollution control.
WAC 173-24-110	Meeting the intent and purposes of chapters 70.94 and 90.48 RCW.
WAC 173-24-120	Treatment before connection to utilities.
WAC 173-24-125	Revision of prior findings.
WAC 173-24-130	Administrative appeal of department decision.
WAC 173-24-140	Delegation.
WAC 173-24-150	Delegation of state responsibilities under federal program.

REPEALER

The following chapter of the Washington Administrative Code is repealed:


WAC 173-330-010	Purpose.
WAC 173-330-020	Applicability.
WAC 173-330-030	Definitions.
WAC 173-330-040	Responsibility to procure and post sign.
WAC 173-330-050	Sign criteria.
WAC 173-330-060	Posting and maintenance of signs.
WAC 173-330-070	Effective date and compliance.
WAC 173-330-900	Logo and sign.