WASHINGTON STATE REGISTER

WSR 04-03-021

AGENDA

DEPARTMENT OF ECOLOGY

[ Filed January 12, 2004, 4:09 p.m. ]

牋牋 Pursuant to RCW 34.05.314, below is the Department of Ecology's rule agenda for January 2004 through June 2004.

牋牋 If you have any questions please contact Jerry Thielen at (360) 407-6998 or e-mail at jthi461@ecy.wa.gov.

WAC Chapter Chapter Title Contact Person CR-101 Filing Date CR-102 Filing
Date
CR-103 Filing Date Scope of Changes/Sections to Amend

Air Quality

173-400, 173-405, 173-410, 173-433, 173-434
AO #99-07, 7/96
Emissions standards for solid waste incinerators; General regulation for air pollution sources; Kraft pulping mills; Sulfite pulping mills; solid fuel burning device standards Tom Todd
(360) 407-7528
ttod461@ecy.wa.gov
Mar. 1999 Jun. 2004 Dec. 2004 Hog fuel boiler RACT; define terms related to wood derived fuels; reorganize state incinerator rule.

173-400 AO #03-07 General regulation for air pollution sources Tom Todd
(360) 407-7528
ttod461@ecy.wa.gov
Aug. 2003 Oct. 2004 Mar. 2005 This rule making amends the new source review portions of chapter 173-400 WAC, General regulations for air pollution sources. We will be incorporating changes to the federal major source new source review program that were promulgated on December 31, 2002. We will be integrating the federal program with the conditions and needs state law. Other changes will be made to gain full approval of the PSD program by EPA.

173-407 AO #03-09 Greenhouse gas emissions Melissa McEachron
(360) 407-6860
mmce461@ecy.wa.gov
Oct. 2003 Mar. 2004 Aug. 2004 At the governor's direction, ecology and EFSEC will develop rules to mitigate carbon dioxide emissions from new power plants in Washington state. EFSEC will focus on a mitigation plan for larger new power plants; ecology will focus on one for smaller new power plants that fall outside of EFSEC's jurisdiction (less than 350 MW) and supply the public with electricity.

173-434 AO #02-05 3/02 Solid waste incinerator facilities Steve Cross
(360) 407-6875
stcr461@ecy.wa.gov
Mar. 2002 6/3/2003 Continuance filed 7/29/03 to extend the comment period Dec. 2004 The purpose of the proposed rule change is to incorporate new federal language; add new terms to the definition section; change existing definitions; and provide alternate means of compliance demonstration with section WAC 173-434-130(3) and 173-434-160(1).

Shorelands and Environmental Assistance

173-26 AO #03-02 1/03 Shoreline management Peter Skowlund
(360) 407-6522
psko461@ecy.wa.gov
Jan. 2003 Jun. 2003 Dec. 2003 New Shoreline Management Act (SMA) guidelines for development/amendment of master programs, executing a settlement agreement amongst litigating parties that implements statutory requirements to update the guidelines consistent with SMA policy, replacing invalidated Parts 3 and 4 of chapter 173-26 WAC; among other things establishing planning and regulatory standards for future shoreline development and uses, requirements for protection and restoration of shoreline ecological functions, guidance on the limitations of regulatory authority and shorelines and growth management act integration.

197-11 AO #02-13 8/02 SEPA rules Barbara Ritchie
(360) 407-6922
brit461@ecy.wa.gov
Sep. 2002 Jan. 2003 Jul. 2003 The proposed amendment of the State Environmental Policy Act (SEPA) rules is in response to a recent lawsuit challenging ecology's authority to adopt criteria that would override exemptions established by the legislature. The legislature exempted Class I, II, and III forest practices from SEPA environmental review. The Court of Appeals has ruled that because the legislative exemption is included in Part Nine of the SEPA Rules, Class I, II, and III forest practices are subject to the limitations in WAC 197-11-305 and may require SEPA review. Ecology has determined that we do not have authority to override legislative exemptions and that the SEPA rules need to be revised to clarify that legislatively exempt actions do not require SEPA review.

Spill Prevention, Preparedness and Response

317-10, 173-181 AO #00-03 7/99 Oil spill contingency plans and response contractor standards Linda Pilkey-Jarvis
(360) 407-7447
jpil461@ecy.wa.gov
Feb. 2000 May 2004 Nov. 2004 Update plan requirements, mandate incident command systems, incorporate planning standards, and update primary response contractor standards.

Hazardous Waste and Toxic Reduction

173-303 AO #03-10 10/03 Dangerous waste regulations Chipper Hervieux
(360) 407-6756
pher461@ecy.wa.gov
Jan. 2004 Jun. 2004 Dec. 2004 This rule making will incorporate new federal requirements, make changes for consistency and clarification, and propose changes to implement recommendations of the hazardous waste facility initiative to improve financial responsibility.

Water Quality

173-98 AO #02-15 10/02 Uses and limitations of the water pollution control state revolving fund Dan Filip
(360) 407-6509
dfil461@ecy.wa.gov
Nov. 2002 Jan. 2007 Jan. 2007 The Washington State Department of Ecology is initiating a "pilot rule-making process" to propose to amend chapter 173-98 WAC, Uses and limitations of the water pollution control revolving fund, to allow public bodies to use the "design/build" concept for completion of wastewater facilities. The concept allows for a contract between local public bodies and firms to be awarded for the design and construction of portions of the facility largely independent of other design and construction efforts elsewhere at the facility. The scope of the pilot rule-making process will be limited to new design/build (D/B) provisions.

173-224 AO #03-11 10/03 Wastewater discharge permit fees Bev Poston
(360) 407-6425
bpos461@ecy.wa.gov
Dec. 2003 May 2004 Nov. 2004 The proposed rule amendment will increase fees for all permit holders to meet the fiscal growth factors for both FY2005 and FY2006. New fee categories for concentrated animal feeding operations and municipal stormwater Phase 2 permittees will be created.

173-218, 216, 226 AO #01-10 5/01 Underground injection control program Mary Shaleen-Hansen
(360) 407-6143
maha461@ecy.wa.gov
Dec. 2001 May 2004 Nov. 2004 The rule amendments will: (1) Bring it current with new federal rule changes; (2) create consistency between the rules that govern UIC wells; and (3) clarify the language of the rule.

Water Resources

173-563 and 531A AO #01-05 7/01 Columbia River Main Stem and John Day-McNary Pools Gerry O'Keefe
(360) 407-6640
goke461@ecy.wa.gov
Oct. 2002 Jul. 2004 Nov. 2004 Amend and/or partial repeal of rules to adopt a rule that governs an integrated state water management program for the river's water resources.

173-175 AO #03-08 9/03 Dam safety regulations Dave Cummings
(360) 407-6620
dcum461@ecy.wa.gov
Oct. 2003 Feb. 2004 Jul. 2004 This rule making will amend chapter 173-175 WAC, Dam safety regulations; adopted in 1992, amended in 1995. The following two changes will be made: (1) Increasing fees for existing plan review and construction inspection; and (2) resumes collection of a fee for ecology's periodic inspection of existing dams. Some updating of language and minor revisions will also take place.

173-503 AO #03-05 4/03 Instream resources protection program - Lower and Upper Skagit Water Resources Inventory Area (WRIA 3 and 4) Dan Swenson
(425) 649-7270
dswe461@ecy.wa.gov
Apr. 2003 Jun. 2004 Dec. 2004 This rule making will amend chapter 173-503 WAC, Skagit River instream flow rule. As a result of an interim memorandum of agreement recently signed by the Department of Ecology, City of Anacortes, PUD No. 1 of Skagit County, Skagit County, the Sauk-Suiattle Indian Tribe, the Upper Skagit Indian Tribe and the Swinomish Indian Tribal Community, ecology has agreed to initiate and conduct, and the other parties agree to support, rule making to amend chapter 173-503 WAC solely for the purpose of allowing exempt wells to be used in the Upper Skagit Basin when mitigation is provided under an ecology approved mitigation plan.

173-505 AO #02-17 11/02 Instream resources protection program Stillaguamish River basin - WRIA 5 Steve Hirschey
(425) 649-7066
shir461@ecy.wa.gov
and
Kathleen Enseat
(360) 407-6780
kspa461@ecy.wa.gov
Nov. 2002 May 2004 Nov. 2004 The Washington State Department of Ecology's (ecology) water resources program (program) is proposing to develop an instream resource protection program (IRPP) setting instream flows for certain streams and river segments and, in some cases, stream closures within the Stillaguamish River Basin.

Legislature

Code Reviser

Register

WAC Chapter	Chapter Title	Contact Person	CR-101 Filing Date	CR-102 Filing Date	CR-103 Filing Date	Scope of Changes/Sections to Amend
Air Quality
173-400, 173-405, 173-410, 173-433, 173-434 AO #99-07, 7/96	Emissions standards for solid waste incinerators; General regulation for air pollution sources; Kraft pulping mills; Sulfite pulping mills; solid fuel burning device standards	Tom Todd (360) 407-7528 ttod461@ecy.wa.gov	Mar. 1999	Jun. 2004	Dec. 2004	Hog fuel boiler RACT; define terms related to wood derived fuels; reorganize state incinerator rule.
173-400 AO #03-07	General regulation for air pollution sources	Tom Todd (360) 407-7528 ttod461@ecy.wa.gov	Aug. 2003	Oct. 2004	Mar. 2005	This rule making amends the new source review portions of chapter 173-400 WAC, General regulations for air pollution sources. We will be incorporating changes to the federal major source new source review program that were promulgated on December 31, 2002. We will be integrating the federal program with the conditions and needs state law. Other changes will be made to gain full approval of the PSD program by EPA.
173-407 AO #03-09	Greenhouse gas emissions	Melissa McEachron (360) 407-6860 mmce461@ecy.wa.gov	Oct. 2003	Mar. 2004	Aug. 2004	At the governor's direction, ecology and EFSEC will develop rules to mitigate carbon dioxide emissions from new power plants in Washington state. EFSEC will focus on a mitigation plan for larger new power plants; ecology will focus on one for smaller new power plants that fall outside of EFSEC's jurisdiction (less than 350 MW) and supply the public with electricity.
173-434 AO #02-05 3/02	Solid waste incinerator facilities	Steve Cross (360) 407-6875 stcr461@ecy.wa.gov	Mar. 2002	6/3/2003 Continuance filed 7/29/03 to extend the comment period	Dec. 2004	The purpose of the proposed rule change is to incorporate new federal language; add new terms to the definition section; change existing definitions; and provide alternate means of compliance demonstration with section WAC 173-434-130(3) and 173-434-160(1).
Shorelands and Environmental Assistance
173-26 AO #03-02 1/03	Shoreline management	Peter Skowlund (360) 407-6522 psko461@ecy.wa.gov	Jan. 2003	Jun. 2003	Dec. 2003	New Shoreline Management Act (SMA) guidelines for development/amendment of master programs, executing a settlement agreement amongst litigating parties that implements statutory requirements to update the guidelines consistent with SMA policy, replacing invalidated Parts 3 and 4 of chapter 173-26 WAC; among other things establishing planning and regulatory standards for future shoreline development and uses, requirements for protection and restoration of shoreline ecological functions, guidance on the limitations of regulatory authority and shorelines and growth management act integration.
197-11 AO #02-13 8/02	SEPA rules	Barbara Ritchie (360) 407-6922 brit461@ecy.wa.gov	Sep. 2002	Jan. 2003	Jul. 2003	The proposed amendment of the State Environmental Policy Act (SEPA) rules is in response to a recent lawsuit challenging ecology's authority to adopt criteria that would override exemptions established by the legislature. The legislature exempted Class I, II, and III forest practices from SEPA environmental review. The Court of Appeals has ruled that because the legislative exemption is included in Part Nine of the SEPA Rules, Class I, II, and III forest practices are subject to the limitations in WAC 197-11-305 and may require SEPA review. Ecology has determined that we do not have authority to override legislative exemptions and that the SEPA rules need to be revised to clarify that legislatively exempt actions do not require SEPA review.
Spill Prevention, Preparedness and Response
317-10, 173-181 AO #00-03 7/99	Oil spill contingency plans and response contractor standards	Linda Pilkey-Jarvis (360) 407-7447 jpil461@ecy.wa.gov	Feb. 2000	May 2004	Nov. 2004	Update plan requirements, mandate incident command systems, incorporate planning standards, and update primary response contractor standards.
Hazardous Waste and Toxic Reduction
173-303 AO #03-10 10/03	Dangerous waste regulations	Chipper Hervieux (360) 407-6756 pher461@ecy.wa.gov	Jan. 2004	Jun. 2004	Dec. 2004	This rule making will incorporate new federal requirements, make changes for consistency and clarification, and propose changes to implement recommendations of the hazardous waste facility initiative to improve financial responsibility.
Water Quality
173-98 AO #02-15 10/02	Uses and limitations of the water pollution control state revolving fund	Dan Filip (360) 407-6509 dfil461@ecy.wa.gov	Nov. 2002	Jan. 2007	Jan. 2007	The Washington State Department of Ecology is initiating a "pilot rule-making process" to propose to amend chapter 173-98 WAC, Uses and limitations of the water pollution control revolving fund, to allow public bodies to use the "design/build" concept for completion of wastewater facilities. The concept allows for a contract between local public bodies and firms to be awarded for the design and construction of portions of the facility largely independent of other design and construction efforts elsewhere at the facility. The scope of the pilot rule-making process will be limited to new design/build (D/B) provisions.
173-224 AO #03-11 10/03	Wastewater discharge permit fees	Bev Poston (360) 407-6425 bpos461@ecy.wa.gov	Dec. 2003	May 2004	Nov. 2004	The proposed rule amendment will increase fees for all permit holders to meet the fiscal growth factors for both FY2005 and FY2006. New fee categories for concentrated animal feeding operations and municipal stormwater Phase 2 permittees will be created.
173-218, 216, 226 AO #01-10 5/01	Underground injection control program	Mary Shaleen-Hansen (360) 407-6143 maha461@ecy.wa.gov	Dec. 2001	May 2004	Nov. 2004	The rule amendments will: (1) Bring it current with new federal rule changes; (2) create consistency between the rules that govern UIC wells; and (3) clarify the language of the rule.
Water Resources
173-563 and 531A AO #01-05 7/01	Columbia River Main Stem and John Day-McNary Pools	Gerry O'Keefe (360) 407-6640 goke461@ecy.wa.gov	Oct. 2002	Jul. 2004	Nov. 2004	Amend and/or partial repeal of rules to adopt a rule that governs an integrated state water management program for the river's water resources.
173-175 AO #03-08 9/03	Dam safety regulations	Dave Cummings (360) 407-6620 dcum461@ecy.wa.gov	Oct. 2003	Feb. 2004	Jul. 2004	This rule making will amend chapter 173-175 WAC, Dam safety regulations; adopted in 1992, amended in 1995. The following two changes will be made: (1) Increasing fees for existing plan review and construction inspection; and (2) resumes collection of a fee for ecology's periodic inspection of existing dams. Some updating of language and minor revisions will also take place.
173-503 AO #03-05 4/03	Instream resources protection program - Lower and Upper Skagit Water Resources Inventory Area (WRIA 3 and 4)	Dan Swenson (425) 649-7270 dswe461@ecy.wa.gov	Apr. 2003	Jun. 2004	Dec. 2004	This rule making will amend chapter 173-503 WAC, Skagit River instream flow rule. As a result of an interim memorandum of agreement recently signed by the Department of Ecology, City of Anacortes, PUD No. 1 of Skagit County, Skagit County, the Sauk-Suiattle Indian Tribe, the Upper Skagit Indian Tribe and the Swinomish Indian Tribal Community, ecology has agreed to initiate and conduct, and the other parties agree to support, rule making to amend chapter 173-503 WAC solely for the purpose of allowing exempt wells to be used in the Upper Skagit Basin when mitigation is provided under an ecology approved mitigation plan.
173-505 AO #02-17 11/02	Instream resources protection program Stillaguamish River basin - WRIA 5	Steve Hirschey (425) 649-7066 shir461@ecy.wa.gov and Kathleen Enseat (360) 407-6780 kspa461@ecy.wa.gov	Nov. 2002	May 2004	Nov. 2004	The Washington State Department of Ecology's (ecology) water resources program (program) is proposing to develop an instream resource protection program (IRPP) setting instream flows for certain streams and river segments and, in some cases, stream closures within the Stillaguamish River Basin.

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