WSR 17-16-061 PREPROPOSAL STATEMENT OF INQUIRY DEPARTMENT OF ECOLOGY [Order 16-10—Filed July 25, 2017, 1:56 p.m.]
Subject of Possible Rule Making: The department of ecology is beginning a rule making for a new rule, chapter 173-323 WAC, Grants and loans. This rule will apply to grants and loans issued by ecology that are funded under chapter 70.105D RCW, Hazardous waste cleanup—Model Toxics Control Act (MTCA). If an ecology grant or loan program has a rule specific to that program, this chapter will not apply.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.105D.070(8) Toxics control accounts.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: We are proposing this chapter to establish ecology's guiding standards and expectations for grant and loan issuance and performance where public MTCA funds are involved, as required by RCW 70.105D.070(8). We are also doing this rule making to be more clear and consistent in how we manage public funds. Ecology intends to adopt this rule and remain consistent with current grant and loan practices.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Where there are federal requirements that apply to one of the grant or loan programs regulated by this new chapter, ecology intends for the rule language to be consistent with the federal requirements. For some of the grant or loan programs covered by this rule, federal funding is also received through the Environmental Protection Agency (EPA) and National Oceanic and Atmospheric Administration (NOAA). Ecology is developing these rules to be consistent with chapter 43.88 RCW and any office of financial management (OFM) rules or guidance on the issuance and performance of grants or loans. We will consult with OFM as necessary throughout the rule making.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05 RCW).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication: 1. Providing feedback on preliminary draft rule language – due Monday, August 14 (11:59 p.m.). We have a preliminary draft of the rule language available now. This draft is based on existing best practices for grants and loans. Download at http://www.ecy.wa.gov/laws-rules/wac173323/d1610a.pdf.
We would like your feedback:
Submit feedback by:
Attend a webinar about the rule making and preliminary draft language: On August 7, 2017, at 1:30 p.m. Join the webinar https://wadismeetings.webex.com/wadismeetings/j.php?MTID=m9be3b010e2a00c3ba1c9a235b2f735ca.
2. Visiting the ecology web site at http://www.ecy.wa.gov/laws-rules/wac173323/1610timedocs.html.
3. Signing up to receive email updates – please email rulemaking@ecy.wa.gov to sign up.
4. Contacting the rule-making lead Bari Schreiner, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6998, email rulemaking@ecy.wa.gov.
Ecology will extend an offer for government-to-government consultation to tribal governments during each phase of rule development.
July 25, 2017
Erik Fairchild
Chief Financial Officer
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