WSR 97-21-042

EXPEDITED ADOPTION

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed October 10, 1997, 4:36 p.m.]

Title of Rule: Right to know fee assessment.

Purpose: Chapter 296-63 WAC, Right to know fee assessments, the legislature established the right to know program in 1984 to disclose information about hazardous substances in the workplace and community, and to provide residents of Washington state access to hazardous substance information (chapter 49.70 RCW). RCW 49.70.170 requires the department to adopt the rules necessary to collect fees from certain employers to support the right to know program.

Currently, employers granted exemptions from paying right to know fees must pay the fee for the billing period in which the exemption is granted. The proposed amendments would allow the department to not require payment of the right to know fees for the billing period in which the exemption is granted, and would therefore result in more equitable treatment of employers granted exemptions.

Redundant language relating to retroactive exemptions would also be eliminated, although this would not affect the prohibition against granting retroactive exemptions. These amendments will not establish additional compliance requirements.

Amended section WAC 296-63-009 Exemption requests, state-initiated proposed amendments are made to:

WAC 296-63-009(1): Wording changes in this subsection will allow the exemption to take effect immediately upon approval by the agency.

WAC 296-63-009(2): Delete this subsection to eliminate redundant language.

State-initiated changes are based on the requirements in the Governor's Executive Order 97-02, Regulatory Improvement. The department is using the expedited rule adoption process. The following criterion for expedited adoption of a rule in Title 34 RCW, Administrative law is met:

"(a) The proposed rules relate only to internal governmental operations that are not subject to violation by a person."

Statutory Authority for Adoption: RCW 49.70.170 and 49.17.040.

Statute Being Implemented: RCW 49.70.170.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, Washington, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, Washington, (360) 902-5495.

Name of Proponent: Washington State Department of Labor and Industries, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING 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 RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Marie Myerchin-Redifer, Washington State Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001, AND RECEIVED BY December 22, 1997.

October 10, 1997

Gary Moore

Director

AMENDATORY SECTION (Amending Order 86-38, filed 11/6/86)

WAC 296-63-009 Exemption requests. (1) Employers who do not have hazardous chemicals at their workplace may submit a written request for exemption to the department. Submission of an exemption request does not relieve an employer of his/her obligation to pay the fee assessment until such time as the request is approved. Employers granted exemptions will be removed from the listing of employers to be assessed a fee beginning with the ((first)) current billing ((following the date the exemption request is approved)) period.

(2) ((Retroactive exemption requests shall not be granted.

(3))) Exemptions shall only be considered for an employer's entire workplace consisting of all activities reported to the department under the same employer identification number.

(((4))) (3) Each request for exemption must contain the following information:

(a) Firm name and employer identification number;

(b) Complete mailing address;

(c) Complete location (such as street) address;

(d) A certified statement in the form required by RCW 9A.72.085 that a hazardous chemical survey of the employer's premises has been completed by a qualified person, the identity and qualifications of the person completing the survey, and that no hazardous chemicals as defined by WAC 296-62-054 through 296-62-05427 are present at the workplace.

(((5))) (4) The department may schedule an on-site inspection to determine the validity of the exemption request.

(((6))) (5) The employer shall provide to the department within five working days of receiving a request from the department, any additional information identified by the department as necessary for evaluating the exemption request.

(((7))) (6) Exemption requests shall be mailed to:

Right to Know Program

Department of Labor and Industries((, HC-489

805 Plum Street S.E.))

P.O. Box 44620

Olympia, Washington 98504-4620