WSR 99-23-102

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 99-01 -- Filed November 17, 1999, 11:20 a.m. ]

Subject of Possible Rule Making: Dangerous waste regulations, chapter 173-303 WAC, will be modified to incorporate ecology's process and criteria for reviewing waste-derived and micronutrient fertilizers. This amendment will be combined with the rule-making process that was announced as WSR 99-10-041.

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. Chapter 15.54 RCW, Fertilizers, minerals, and limes.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology developed a process for reviewing waste-derived and micronutrient fertilizer applications in early 1999. That process will be clarified in the dangerous waste regulations.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Environmental Protections Agency (EPA) also implements hazardous waste regulations in Washington. Ecology coordinates with EPA on its rule making by providing drafts and meeting, as necessary. Ecology will also coordinate with the state Departments of Agriculture, Health, and Labor and Industries as it has done on other fertilizer issues.

Process for Developing New Rule: This rule will be based on the criteria published last year in WSR 98-15-156. The published criteria were used by ecology staff to review the first round of waste-derived fertilizer applications.

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 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. For questions about the fertilizer review process, contact Dennis Bowhay at dbow461@ecy.wa.gov, (509) 454-7866; or, you may call Patricia at (360) 407-6756, write P.O. Box 47600, Olympia, WA 98504-7600, or fax (360) 407-6715 or visit http://www.wa.gov/ecology/leg/activity/wac173303.html.

November 12, 1999

K. Seiler

for Greg Sorlie

Acting Program Manager

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