PROPOSED RULES
Supplemental Notice to WSR 03-01-124.
Preproposal statement of inquiry was filed as WSR 09-17-02 [02-19-098].
Title of Rule: Chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington.
Purpose: This supplemental CR-102 is being filed to correct a typo in the statutory authority listed in WSR 03-01-124. On that filing the statutory authority was listed as chapter 90.84 RCW. The correct citation is chapter 90.48 RCW. No other changes were made for this supplemental filing.
Chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington, these amendments would modify the existing surface water quality standards for Washington. This rule making will propose to revise the surface water quality standards by:
• Moving from the current class-based system to a use-based system for designating beneficial uses of waters (for example swimming and aquatic life habitat) in Washington.
• Making changes to criteria (for example temperature and bacteria) for designated uses of the waters.
• Providing more clarity and detail on implementing the regulation, including the state's antidegradation policy.
• Organizing the structure and sections of the regulation to make it easier to use.
Statutory Authority for Adoption: Chapters 90.48 and 90.54 RCW.
Statute Being Implemented: Chapters 90.48 and 90.54 RCW.
Summary: This supplemental is being filed to correct a typo nothing else has changed. Changes are proposed to adopt a new use based system, update criteria, clarify antidegradation, and reorganize and clarify the rule.
Reasons Supporting Proposal: This supplemental is being filed to correct a typo nothing else has changed. These changes are being undertaken to incorporate new science, provide more detail and clarity on implementing the regulations, and better tailor the criteria assigned to our waters to the characteristic uses that actually exist in those waters.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Susan Braley, Lacey, Washington, (360) 407-6414.
Name of Proponent: Department of Ecology, governmental.
Rule is necessary because of federal law, 40 C.F.R. 131.20.
Explanation of Rule, its Purpose, and Anticipated Effects: This supplemental is being filed to correct a typo nothing else has changed. The purpose of this rule amendment is to update water quality standards for surface waters of the state of Washington consistent with public health and public enjoyment, and for the protection of fish, shellfish, and wildlife pursuant to the provisions of chapters 90.54 and 90.48 RCW. Washington's surface water quality standards set limits on pollution in order to protect beneficial uses, such as swimming and fishing. The water quality standards serve as the cornerstone for protecting water quality in the state of Washington, and are implemented through programs that control or affect water quality. The revised standards are intended to reflect the latest scientific information and incorporate new state and federal requirements - all aimed at making our waters clean and safe for humans, fish and wildlife.
Federal regulations require that state water quality standards be reviewed and approved by the United States Environmental Protection Agency (EPA) for compliance with the Clean Water Act prior to their use. EPA must also prepare and submit a biological assessment to the federal fish and wildlife agencies to determine compliance with the Endangered Species Act (ESA). The new water quality standards will not take effect until this process is completed.
Proposal Changes the Following Existing Rules: This amendment would make changes to the following areas: The entire rule is impacted by this amendment due to reorganization and clarification with the rule. The rule is now organized into parts to assist the user in finding information more easily. Further, the standards are proposed to be implemented by a use based system rather than a class system. Changes are being proposed to existing criteria for temperature, dissolved oxygen, bacteria, and ammonia, as well as new criteria for agricultural water supplies. The antidegradation section, designed to prevent degradation of water quality, was expanded and clarified. A tools part was added to the rule to provide users with a variety of "tools" that can be used to comply with this regulation.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
A copy of the statement may be obtained by writing to Susan Braley, Department of Ecology, Water Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6414, fax (360) 407-6426, e-mail sbra461@ecy.wa.gov.
RCW 34.05.328 applies to this rule adoption. These rule amendments are considered significant legislative in nature, and therefore the documentation necessary to comply with RCW 34.05.328 will be completed.
Hearing Location: Workshops and Hearings: This supplemental is being filed to correct a typo nothing else has changed. Workshops are still at this time and location. All workshops begin at 6 p.m., public hearings begin at 8 p.m.; Wenatchee, Monday, January 27, 2003, Chelan County Auditorium, 400 Douglas; Spokane, Tuesday, January 28, 2003, Spokane Falls Community College, Student Union Building 17, Lounge AB, 3410 West Fort George Wright Drive; Pasco, Wednesday, January 29, 2003, Columbia Basin College, 2600 North 20th Avenue; Yakima, Thursday, January 30, 2003, Ecology Central Region Office, 15 West Yakima Avenue, Suite 200; Bellingham, Monday, February 3, 2003, Whatcom County Courthouse, 311 Grand Avenue; Seattle, Tuesday, February 4, 2003, Seattle Center, Northwest Rooms: Lopez Room, 305 Harrison Street; Port Angeles, Wednesday, February 5, 2003, Vern Burton Center, 308 East 4th Street; and Vancouver, Thursday, February 6, 2003, Water Resources Center, 4600 S.E. Columbia Way.
Assistance for Persons with Disabilities: Contact Ann Butler at (360) 407-6480. The TTY number is 711 or 1-800-833-6388, TDD (360) 407-6006.
Submit Written Comments to: Susan Braley, Department of Ecology, Water Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, sbra461@ecy.wa.gov, fax (360) 407-6426, by 5:00 p.m. on March 7, 2003.
Date of Intended Adoption: June 2, 2003.
January 31, 2003
Linda Hoffman
Deputy Director