WSR 03-24-083

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[ Filed December 2, 2003, 1:15 p.m. ]

Subject of Possible Rule Making: The Department of Community, Trade and Economic Development (CTED) proposes to adopt administrative rules to fulfill the mandates of chapter 70.103 RCW. Chapter 70.103 RCW directs CTED to establish a 'lead-based paint activities accreditation, training, and certification program' (RCW 70.103.010(4)) and to 'adopt rules that are consistent with federal requirements to implement a state program' (RCW 70.103.030(2)).

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.103 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Administrative rules regulating the accreditation, certification, and administration of a lead-based paint program are required by the Environmental Protection Agency (EPA) of any state seeking federal authorization of a lead-based paint program.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The EPA is the federal agency that administers the national lead-based paint program through 40 C.F.R. 745. The latter regulations provide for the authorization of a state lead-based paint program by EPA. As a prerequisite to such authorization, the applicant state's lead-based paint regulations must be at-least-as-protective of human health and the environment as the EPA regulations.

Process for Developing New Rule: Draft rules will be presented to a Lead-Based Paint Rules Task Force and mailed to other stakeholders. Written comments will be accepted, and oral testimony will be taken at two public hearings. CTED will consider comments from all affected parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Steve Payne, Managing Director, Housing Improvements and Preservation Unit, phone (360) 725-2950, fax (360) 586-5880, e-mail stevep@cted.wa.gov; or Michael Bergman, Lead-Based Paint Program Manager, phone (360) 725-2941, fax (360) 586-5880, e-mail michaelb@cted.wa.gov; mailing address: P.O. Box 48350, Olympia, WA 98504-8350. Draft rules will be mailed to current stakeholders and all other parties upon request. Written comments will be accepted, and oral testimony will be taken at two public hearings.

November 26, 2003

Stephen H. Buxbaum

Assistant Director

Legislature Code Reviser 

Register

Washington State Code Reviser's Office