PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Dangerous waste regulations, chapter 173-303 WAC, will be modified to incorporate several federal hazardous waste regulations, delete the exemption for steel mill flue dust used as fertilizer, modify transportation requirements, add mercury-containing lamps as a universal waste, and make editorial and technical corrections.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 70.105 and 70.105D RCW, the Hazardous Waste Management Act and Hazardous Waste Cleanup--Model Toxics Control Act.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: One key purpose of this rule making is to update the dangerous waste regulations by incorporating recent federal hazardous waste requirements into the state's regulations. By staying current with the federal program, the regulated community has primarily one environmental agency to work with. The second key purpose is to update state requirements, including changes to implement recommendations of the transportation and fertilizer projects to improve regulation of dangerous wastes in Washington.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Environmental Protection Agency (EPA) implements hazardous waste regulations in Washington until ecology adopts those regulations and begins implementing them. A formal authorization process follows adoption. EPA is aware of which federal regulations ecology intends to adopt during this rule making. Ecology will provide drafts to EPA for their review and will communicate with EPA throughout the rule-making process.
Process for Developing New Rule: One of the main purposes of this rule making is to update existing hazardous waste requirements with newer federal rules. Since most of these are already in effect (and were developed as part of federal rule making), the process will consist primarily of making draft and proposed rule language available for review and comment. Input will be sought where ecology may differ from the federal program. Other state-initiated rule changes have already benefitted from considerable stakeholder input (transportation requirements, used oil differences from the federal program, and fertilizer issues).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. To receive information regarding the rule making (availability of draft and proposed rule language, hearing announcements, and opportunities for public involvement), or for more detailed information about the rule-making content and process, contact Patricia Hervieux at pher461@ecy.wa.gov; or you may call (360) 407-6756, or write P.O. Box 47600, Olympia, WA 98504-7600, or fax (360) 407-6715.
Visit ecology's environmental rules web page at http://www.wa.gov/ecology/leg/laws-etc.html.
April 29, 1999
Greg Sorlie
Program Manager